Can I start a LCWRA application without fit notes or a current UC claim

SCG2812

Hi Everyone

I currently work full time but have only managed this as been able to work from home. My employer is now enforcing 3 days per week in office which I haven't managed to do at all yet.

I currently get enhanced mobility and standard living elements of PIP due to arthritis in my spine. 

My husband passed away 6 months ago and since them I've also been on anti depressants for anxiety and have had to increase my painkillers which is causing major brain fog

Between the extra painkillers, reduced sleep and the new hybrid working rules, I'm finding it impossible to keep up with work despite having 3 months off after my husband died.

As I'm alone with my daughter and living in a  private rent, there's no way I can afford to go onto stat sick pay or stop working but I would be able to pay the bills if I reduced my hours to 16 hours per week and got UC and that would also mean wouldn't have to do the 3 days in office.

I know that UC would take 5 weeks to be paid and that LCWRA has a 3 month waiting period but does anyone know if I could 

a) apply for UC before my hours reduced knowing I would get a zero award but meaning any paperwork issues would be sorted before my hours reduced
b) apply for LCWRA on the basis of my PIP award covering the LCWRA mobility descriptor without having been signed off work? Am I right in thinking part time hours are permitted under LCWRA?

Sorry for the huge post but my anxiety is through the roof with worrying about this and also worrying about my daughter who is struggling really badly since losing her dad

bg844

Anyone can claim UC, if you are entitled to payments is another thing.

1. Yes, you will still be referred for a WCA but you need fit notes to start the process.
2. A referral for a WCA will be based on your PIP award whilst you are earning, as you can't work more than 16 hours a week otherwise for a referral to be made. PIP does not automatically guarantee an LCWRA award regardless of the descriptors being similar. You will need to fill a UC50 form in when it's sent to you and explain in detail how your conditions affect your ability to work, this most likely will be followed by an assessment. Working can go against you at assessment if there's any contradictions, always worth mentioning.

Once a decision is made and if you was awarded LCWRA then there's no limit to the hours or earnings you can receive and you will be entitled to a work allowance (£379 if you wish to claim help with housing costs or £631 if you do not), this means that you can earn anything up to this with no deductions and any further earnings will then be deducted at 55p per £1 earned.

One final thing, do you foresee yourself giving up work all together in the near future? 

Jimm_Scope

Hi @SCG2812, I'm sorry to hear about your situation. So many changes would be difficult for anyone to adapt to. 

Can I ask, is your workplace aware of your disability and have you had an occupational health assessment? Workplaces are supposed to give reasonable adjustments, and if you are already working from home most of the time but the hybrid working is causing you unreasonable issues it seems like a reasonable suggestion to work from home? This is just my personal opinion but is it an avenue you have already tried?

SCG2812

Thank you both for your responses 

My HR department know about my arthritis as I went through Occ health assessment when I joined but I've never made a big deal of it with my direct managers. My managers though are very aware of the anxiety/depression/bereavement

I'm not sure if 100% home based would be considered too much of a reasonable adjustment as my managers are under enormous pressure from head office to have everyone in 3 days 

I wanted to have all my options clear in my head before I speak to them so that I know what is feasible.

If they would let me work from home all the time it would definitely help but with so much stress this year, my arthritis has definitely gotten worse and I'm considering whether I should be trying to reduce my hours anyway.

In the longer term I had already considered before all of this that with a degenerative disease, I may have to stop working earlier than planned, I'm just hoping that I can figure out somewhere in between in the shorter term 

Does anyone know if its possible to have fit notes in the form of being unfit to work full time? I tried to find out from my doctor earlier, but couldn't get through 

bg844

@SCG2812 You can ask for a fit note even when working, speak to your GP about this. There are 2 boxes on the fit note with one saying ‘unfit for work’ and the other ‘fit with advice’, either of those boxes are good enough to be referred for a WCA.

SCG2812

Thank you, that's really helpful!

SCG2812

Apologies for waking up an older post but thought it made sense for context.

I asked to go part time at work and was refused. I then asked to have an adjustment put in place to work only from home but after a couple of weeks of many conversations I was told it didn't fit business requirements. 

Since then I have had my anti depressants increased, am on max dose of painkillers and have recently been put on a new medication that is making me very drowsy and forgetful so I've been signed off sick since late October

I have applied for UC as my company sick pay will run put this month and have been sent the LCWRA form 

Can I ask if it would help my LCWRA application if I sent my PIP award as I receive enhanced mobility for the distance I can walk?

poppy123456

You can send your PIP award as evidence. However, please be aware that PIP mobility is very different to the mobilising descriptor for LCWRA. For this they also take into consideration your ability to use a self propel wheelchair. When filling out the forms if you're unable to self propel then you'll need to make sure you tell them you can't along with the reasons why. See link for LCWRA descriptors. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

SCG2812

Thanks Poppy

There's no way I could move myself in a wheelchair!

Do you think as long as i state that (I know my medical records would back it up as I have frequent episodes of basically not being able to use my right arm and losing the grip in my hand) that the PIP enhanced mobility award would be taken into consideration?

I'm worried that I only have my GP to include as contact and looking for other evidence

poppy123456

It’s unlikely that your PIP mobility would be taken into consideration because the criteria for both are different. Though, as i advised there’s no harm in sending it.

Please also be aware that they rarely contact anyone for any evidence. If they do contact your GP they will be sent a tick box form. 

Best thing for you to do is when filling out the form to include a couple of real world examples of exactly what happened the last time you attempted each activity. Adding detailed information such as, where you were, what exactly happened, did anyone see it and what the consequences were.