Can I do anything after 4 years?

Aaron88

I had a WCA for uc in October 2019. January 2020 I had a decision of LCW. I had requested the assessment report but didn’t read it until a year later due to mental health issues.

Having looked at the report again in 2024 I have noticed that on Activity “Initiating and completing personal action” the assessor had put “frequently cannot, due to impaired mental function reliably initiate or complete at least 2 personal actions” And activity “Coping with social engagement due to cognitive impairment or mental disorder” the assessor put “ engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual “.

It also states on the report that “ Substantial mental or physical risk: the condition history, mental state examination, medical knowledge of the condition, Med 3 and 113 indicates that there would be substantial mental of physical risk if the claimant were found capable of work(LCW) However the evidence does not suggest that there would be a substantial mental or physical risk if they were to undertake appropriate, tailored work related activity.

it also states that “in addition it is likely that risk at LCW applies “

Shouldn’t I have been put into LCWRA based on the to activities mentioned above? I thought only 1 needed to apply?

I’m wondering if there’s anything I can do now? I know it’s well past the 13months to appeal but thought I’d ask. 4.5 years of missing out on extra money is significant to say the least.

Any help would be appreciated.

Aaron.

poppy123456

Those are recommendations for LCW and not LCWRA. You could have challenged that decision at the time and within the following 13 months but now you’re out of time.

Aaron88

Thanks poppy for your reply but can you explain why it applies to LCW and not LCWRA. I looked on benefits and work https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

I’ve just done a wca on benefits and work using those 2 answers and it says I should have LCWRA - 13a &16b applied. In point 5 it says only one needs to apply so a bit confused.

Albus_Scope

Heya @Aaron88 and welcome to the community.

I can see Poppy is already helping you out with the minefield that is UC, but I just wanted to pop in and say a quick hi. 😊

poppy123456

Those 2 descriptors also apply to LCW and in total should score 15 points. See link. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work but ultimately, the assessment report is a recommendation only. Although they do mostly go with it, it has been known for them to go against it. it's a decision maker who makes the decision and you were found to have LCW.

You can report changes to your health condition and provide a fit note and go through the process again if you think you qualify for LCWRA.

Aaron88

ok thanks for replying. Much appreciated Just annoyed I didn’t look into it sooner.