Epilepsy and LCW- advice on appealing for LCWRA

Homesteady

Hi, I'm nervously looking for advice on my rights and appealing a LCW decision.

I have temporal lobe epilepsy and have daily seizures 2-3 weeks out of the month, numerous seizures a day. Im exhausted all of the time and am out of action up to 3/4 of my time. I'm mostly having absent, partial seizures, but maybe once or twice a month I have a full on grand mal. It's not pretty, or fun.

I'm on higher level PIP for the 'Planning a Journey' aspect (braing fog, disorientation, having a seizure whilst crossing the road etc) and it's a rare day that i'm confident enough to take a trip out of the house without my partner or Mum (on foot of course because im medically signed off of driving) .

I've been waiting for around 5 months to hear back from DWP with a date for my assessment for LCW/LCWRA and finally had my phone call last week. Only 6 days later and I have an answer, accepted for LCW. But shouldn't it be LCWRA?

Until February I had a very physical job that I won't be able to go back to (regrettably, because I was so happy). As far as seeking new employment- what am I going to say to an interviewer? Yes, I can come in, but only for one week a month, and i'm not sure which week, if any, and whilst there I might start randomly having a seizure. I don't think they'd go for it and honestly why would I put myself through it when I so obviously can't work. 

My 'good days' go towards resting and catching up with specialists etc. I'm in constant comms with them trying out new meds and doing everything I can to get my life back but right now it's just not happening and there doesn't seem to be an end at the minute. So i'm really not sure what Work Related Activity they want me to do...?

Does it seem like I have grounds to appeal and get on to LCWRA? Would it jeoperdize the decision for LCW to do so? Im so worried, after such a long wait to have to go through it again for maybe no reason.

Anyway, I appreciate if you read all this and for any advice!

poppy123456

Just so that you’re aware when found to have LCW you are not expected to look for work. You maybe expected to attend appointments to prepare to work in the future. What is expected of you will depend on what your commitments are.

Any decision can be challenged. For you the first step is to request the Mandatory Reconsideration. You can either do this on your journal or write a letter and send it to UC. 

You need to state which descriptor you think applies to you and your reasons why. Only one of the following descriptors needs to apply. You can see them here https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity#:~:text=LCWRA%20descriptors,reasonably%2C%20be%20worn%20or%20used.&text=(ii)%20repeatedly%20mobilise%2050%20metres,of%20significant%20discomfort%20or%20exhaustion.
If the MR decision doesn’t change you can proceed to Tribunal. Yes, there’s always a risk of losing what you already have for the MR request but it’s rare. 

custard2

I'm confused in relation to this will LCWRA be back dated ??

poppy123456

@custard2 you haven't given any information for me to be able to advise you. What date exactly did you report your health condition/provide your first fit note?

Did you continue to send the fit notes without any gaps until a decision was made on your WCA?

There's a full 3 month assessment period waiting time. The extra money is then paid from the 4th month of your claim, with first payment being the end of that 4th month, from when you reported your health condition/sent your first fit note. It's not paid at all during the waiting period.

custard2

Hi there yes continues fitnotes 

poppy123456

custard2 said:

Hi there yes continues fitnotes 

You didn't answer the other question here.

poppy123456 said:

 What date exactly did you report your health condition/provide your first fit note?

custard2

October 2022 for fit note 

custard2

Sorry it was February 2022

poppy123456

There's 31 days in October and i asked for the exact date. I can't tell you exactly when it should be paid from without all the information. If you don't know then please check back on your journal to see what the date was. I need the date you reported it, not the date on the fit note.

Based on the information you gave you first payment should be either Feb or March 2023.

custard2

poppy123456

@custard2 You said you provided your first fit note in October 2022. In the above screenshot of your journal it says your fit note is from 30/12/2022. What previous heath condition was from Feb 2022?

I can't give any advice without all the correct information. it's impossible.

It seems like they've started the waiting period from when the decision was made. Were there any gaps in your fit notes at all?

Homesteady

@poppy123456 It says in the letter received that I am expected to take part in 'Work Related Activity' that will help me get back into work, like improving CVs, training etc. There isn't anything that the DWP could possibly do to help me get back into work, unless they suddenly know how to stop epileptic seizures. Aside from my illness im pretty employable- im confident that if I was well then I could succeed in a variety of interviews. So any work related activity wouldnt be getting me any closer to employment and is arbitrary. The difference being that LCW doesn't usually mean you get any extra money, whereas LCWRA does mean you get some extra money. It's not looking like im going to be able to get back to work anytime soon and my partner is caring for me most of the time so can only work a few days a week, meaning we're on an absolute shoe string financially to the point where we're having to scrounge lifts to school for our daughter from neighbours because no petrol, using our last pennies to buy milk etc. We're behind with our bills and close to drowning, all because of me being poorly. Im disrupting everyones lives and feel awful- it would be such a weight lifted to be actually contributing in some way so that we can keep our heads above water over here. Do you think I would qualify?

Homesteady

@custard2 surely its more helpful for us both if you start a new thread about your situation? It took a lot for me to reach out and share my situation in hopes of getting advice. Your questions aren't related to this at all...

poppy123456

Homesteady said:

@poppy123456 It says in the letter received that I am expected to take part in 'Work Related Activity' that will help me get back into work, like improving CVs, training etc. There isn't anything that the DWP could possibly do to help me get back into work, unless they suddenly know how to stop epileptic seizures. Aside from my illness im pretty employable- im confident that if I was well then I could succeed in a variety of interviews. So any work related activity wouldnt be getting me any closer to employment and is arbitrary. The difference being that LCW doesn't usually mean you get any extra money, whereas LCWRA does mean you get some extra money. It's not looking like im going to be able to get back to work anytime soon and my partner is caring for me most of the time so can only work a few days a week, meaning we're on an absolute shoe string financially to the point where we're having to scrounge lifts to school for our daughter from neighbours because no petrol, using our last pennies to buy milk etc. We're behind with our bills and close to drowning, all because of me being poorly. Im disrupting everyones lives and feel awful- it would be such a weight lifted to be actually contributing in some way so that we can keep our heads above water over here. Do you think I would qualify?

Yes, that's likely what you would be expected to do. Work related activity doesn't mean looking for work, it's attending work focused interviews. However, it will depend on your claimant commiments what they expect you to do.

All you can do at this stage is to request the MR as i advised above.