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LCWRA to LCW

suefitz76

I was wondering if anyone can help.

I was originally on esa in the support group, unsure of exact date but was before April 2017. A change in circumstances meant I had to make a claim to UC in 2020 and placed in LCWRA. I was reassessed in 2022 and found fit for work. After a MR and appeal which has taken 2 years I have been awarded LCW, am I entitled to the LCW. Also would I have been entitled to the work allowance during this time and can I request the money taken from my wages

Sorry it’s long TIA

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suefitz76

Sorry it should have said am I entitled to the LCW payment

WhatThe

Hi sue, why did it take two years and why was LCWRA not reinstated?

suefitz76

@WhatThe Hi, I was found fit for work following a reassessment in August 2022 it took till the October to get a copy of the report after numerous requests, I then did a mandatory reconsideration in which they upheld their decision. January 2023 I took it to appeal and the decision was made 11/7/24 but said I only have limited capability for work and not work related activities.

WhatThe

I'm curious to see what anyone else thinks about your status..

I think LCWRA should have been reinstated from the date of your reassessment - the date this determination was revised (and found to be incorrect)

poppy123456

https://forum.scope.org.uk/discussion/comment/889433#Comment_889433

You're misunderstanding what the decision of the Tribunal was. They found them to have LCW and not LCWRA. Although they were found to have LCWRA previously this doesn't mean it applies this time.

https://forum.scope.org.uk/discussion/120084/lcwra-to-lcw

In your case I'm unsure whether you would be entitled to the extra money for LCW and you may want to get some expert advice regarding this.

If the work allowance stopped when you were found fit for work and you or a partner were receiving earnings since then, yes you will be owed some money for that. It can take up to 8 weeks after a Tribunal win for them to pay what is owed.

WhatThe

The decision to change LCWRA was made in 2022. Unless she had reported an improvement in her conditions, that decision was wrong.

poppy123456

https://forum.scope.org.uk/discussion/comment/889547#Comment_889547

Yes and then they took it all the way to Tribunal and they made their decision which was LCW.

WhatThe

The 2022 decision should be reversed and it wasn't.

poppy123456

The decision in 2022 was they were found fit for work so the decision was changed. They just decided that they didn't qualify for LCWRA.

Just because someone had been found to have LCWRA in the past, it doesn't mean that will apply again.

WhatThe

The decision under (new) reassessment rules was found to be incorrect. DWP can't just decide with no evidence that a claimant no longer meets the qualifying criteria for any benefit. Well, they do but that's the point of an appeal, to correct these errors!

poppy123456

I think you're missing the point. They appealed the decision and the Tribunal changed the fit for work decision and found them to have LCW.

They can request the statement of reasons and record of proceedings within 1 month of the date of decision from HMCTS. Once they receive them they will need to find someone to take a look to see if the error in law can be found. If not they can't proceed any further.

I'm done here anyway as there's nothing further to really add.

WhatThe

Anyone else have thoughts on this..?

poppy123456

https://forum.scope.org.uk/discussion/comment/890579#Comment_890579

Thoughts about what? They were found fit for work and the Tribunal overturned that decision and found them to have LCW. As you already know you can't just change a Tribunal decision or appeal the decision because you think it's wrong. DWP did not make that decision.

Albus_Alumni

https://forum.scope.org.uk/discussion/comment/890579#Comment_890579

Poppy is correct here. People previously to be found LCWRA can later be found as fit to work, or LCW. If they were found LCW by the tribunal, they can appeal to an upper tribunal IF (and only if) they can prove laws weren't followed. It's out of the hands of the DWP at this stage.

WhatThe

Sorry but had we understood the correct process during or following the first FAILED national reassessment programme which ended 10 years ago then the 2015 reforms would not have been passed and we would not be in the position we are in now!