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LCWRA While Employed & On PIP

Yellow90

Hi I hope someone can help me. I have several chronic health conditions & diseases & I have been signed off my job since Nov 24. I didn't know I had to upload sick notes to UC so I updated my claim and put I was off sick from end Nov 24 until present (Jan) & this was accepted. I am hoping to try to return to work next month. My question is if I return to work, will I not get the LCWRA assessment as I won't be continuing sick notes? The form is very stressful to fill out so I don't want to waste my time, I am very unwell at the moment and don't want to put myself through this for nothing. Thank you

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Yellow90

II forgot to say, I am on PIP

poppy123456

Please note, it's not a LCWRA assessment, it's a work capability assessment. It would be worth your while filling out the form and returning it. Returning to work will not stop the work capability assessment process.

If found to have LCWRA you'll be entitled to extra money from the 4th month after you provided your first fit note, unless you're claiming UC with a partner that already receives this element on your claim.

You will also be entitled to the work allowance if the decision is either LCW or LCWRA. If you have no dependant children on your claim then you will not currently have the work allowance. The work allowance means that some of the earnings you receive are ignored before any deductions apply.

Yellow90

Thanks Poppy, yes I understand that sorry yes Work Capability Assessment. I'm confused because I rang UC today & spoke to 2 different people who both said if I stopped sending in fit notes because I return to work, their understanding was any Assessment would be cancelled, or I would not get one. If I return to work, will I still get the Assessment? Thanks again

Yellow90

Also my other question is, if I return to work & they only award LCW, if I'm again off sick in future would I be able to request another WCA Assessment? Just wary incase they decide I'm fit to work because I am working, then one of my conditions causes another flare up, if I was off sick and then get dismissed from work, I wouldn't have any chance to then get another Assessment to try for LCWRA if you get what I'm saying? I have children & housing already so won't get any extra work allowance. I'm just worried if I do the Assessment if I've gone back to work then they may think me capable of working when infact I'm struggling to try & keep my job because my health conditions are so severe, then in future I won't get another chance to apply for another WCA.

poppy123456

You need to continue to provide fit notes without any gaps until a decision is made on your WCA. Gaps can affect when the extra money is paid from if found to have LCWRA. If you've already been referred for the assessment and you should have by now, then it won't be cancelled by UC. If you don't return the form you could be found fit for work for not returning it.

If you return to work and the decision is LCW you can challenge that decision if you think you should qualify for LCWRA. If you don't challenge it and you accept that award you can report changes to your health condition in the future, by reporting the changes and providing more fit notes. You would then be referred for another WCA. I don't know if you've seen the descriptors for LCWRA but you can see them here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

Yellow90

Thanks Poppy, I wouldn't be getting sick notes if I return to work, so therefore is it correct that if I do return before I get an appointment for an Assessment any Assessment would be cancelled anyway because I can no longer provide sick notes?

Yellow90

Also when you said they could find me fit for work for not returning the form, does that mean if I don't return the form rhey

Yellow90

they could just put me down as fit to work for a WCA even though I haven't had one?

poppy123456

Why can't you continue to provide fit notes if you return to work? A fit note can still be provided even when working. It's a statement of fitness to work, it doesn't have to state you're unable to work.

If you don't return the form you could be found fit for work, which would mean no assessment would be needed.

Yellow90

Hi Poppy, thanks so much for your reply, I have been worrying all night, anxiety through the roof.

I'm worried my GP would refuse sick notes if I have returned to work. I will definitely ask them though.

I will fill out the form & send it back. If they give me anything but LCWRA & in future my work dismisses me because of my health because it deteriorates, would I just update the health section with something like 'worsening arthritis' for example and upload sick notes, would that trigger another WCA?

If I'm not awarded LCWRA & I appeal, can I add more evidence if I haven't got time to get it all now?

Thanks so much for your time :) I really appreciate it

Yellow90

Also how long would I likely wait for the Assessment if I get the form in this month? Thanks

poppy123456

If you do have to challenge the decision then yes you can send more evidence. If your conditions got worse since the assessment took place they would not be able to take those into consideration for the MR or Tribunal.

There's no timescales for WCA waiting times, some wait a few months and other up to 6 months, sometimes longer.

Danlangridge88

I was awarded LCWRA and then found part time work. To be honest I don't think I even informed them of a change of circumstances (although I don't recommend not telling them) it made no affect on my claim - I was thinking it would trigger a reassment- it didn't. Not to say this wouldn't happen to everyone. Obviously it deducts my earnings from my UC - but only above the work Allowance limit.

I guess maybe It depends on what was discussed in your assessment. My work doesn't contradict what I said and I'm only able to work part time so I guess it depends on your circumstances and whether the job you find doesn't contradict your claim, you should be okay, but just incase, be prepared for a reassessment

Danlangridge88

Also in terms of sick notes,if you return to work and you're concerned you can't get a sick note to say you can't work (because you are working - get your GP to state you can only work part time. Remember its a LIMITED capability of working benefit, not a CANT work benefit

Kimi87

Also Fit Notes are not only for those that 100% cannot do any work.

poppy123456

https://forum.scope.org.uk/discussion/comment/982650#Comment_982650

Indeed and I did advise that earlier in the thread.

Yellow90

Thanks so much Poppy you have really helped my anxiety :)

Yellow90

Hi Danlangridge88, I haven't had any WCA yet, I'm just worried if they deny me it & then my work dismisses me because I can't do the role that I won't be able to get another WCA if you get what I'm saying? But if they did I could upload my health conditions with sick notes and that should trigger another WCA right?

carbow32

I think I would possibly put of a return to work until a descion has been made. Why complicate it like this and cause yourself anxiety which will affect you working anyway.

poppy123456

https://forum.scope.org.uk/discussion/comment/982672#Comment_982672

As I advised previously, if you go ahead with the WCA process and you're not found to have LCWRA you can either challenge the decision or leave it as it is.

If you're found fit for work and you decide to report your conditions again in the future, it would need to be for either a new condition or a significant worsening of an existing condition. Fit notes would be needed.

If found to have LCW and you decide not to challenge the decision you can report a worsening of condition in the future, provide fit notes and then go through another WCA.