LWCRA Query

barrysharp

I was recently attacked and stabbed in the leg behind my knee which caused my common peroneal nerve to be 70% divided and my sural nerve to be 100% divided these were both repaired, however the surgeons have advised me that if the nerves grow and recover it can take between 1 to 2 years but also the damage could be permanent. Due to the damage I have drop foot and no motor function in my right foot. I am on crutches and have a leg brace on. I am also attending regular physiotherapy and have an appointment for Orthotics for a ankle to foot brace to be fitted. I still cannot put too much weight on my bad leg as I am in a lot of pain and working with my GP to try and control it better but the injury had a huge effect on my day to day mobility and find that I get tired, sore and breathless very quickly when trying to walk. Due to the attack my anxiety is through the roof and cannot leave the house on my own as I start to panic. Since the attack I have only been to hospital appointments and need to be encouraged and accompanied to attend these. Has anyone else managed to get LWCRA for nerve damage and drop foot and severe anxiety? Curious as to if it's worth my while applying.

poppy123456

Hi,

I'm sorry to hear that! Do you currently claim universal credit? Did you work before this happened and are you receiving SSP from an employer?

LCWRA isn't awarded based on a diagnosis, it's how those conditions affect your ability to do any type of work. Have you had a look at the descriptors for this? See them here by scrolling down the link. https://www.turn2us.org.uk/Your-Situation/Ill-Injured-or-Disabled/Universal-Credit-Capability-for-work-assessment

For the mobilising descriptor they will take into consideration your ability to use a self propel wheelchair.

For mental health then you should look at reg 35 for substantial risk, which is explained here. http://www.cpag.org.uk/content/making-exception  Please note, that this link says ESA but it's exactly the same for UC LCWRA but this link is easier to understand.

You'll also need fit notes from your GP and evidence to prove how your conditions affect you.

barrysharp

Hi Poppy I was claiming Universal Credit when the attack happened and had been since the end of February.

I currently have a fit note from the hospital which is initially for 3 months but then will be getting my fit notes from my GP when this one expires.

I will have a look at the links you have provided and read up on the descriptors to see if any apply to me. 

Was just curious as to if anyone else who has drop foot have been successful in being awarded this element.

I had been successful at an interview and was awaiting a start date for a job when this happened.

Would I need to contact DWP to get the form required to claim or is this an automatic process? 

Thanks

poppy123456

You work coach should refer you for a work capability assessment, once this is done you'll receive the work capability assessment form (UC50) this will need to be filled in and returned no later than the date on the letter. You'll need to send evidence with the to support your claim because they rarely contact anyone for any evidence. You need to ask you work coach to refer you, if they haven't already.

You can't compare anyone else to yourself because we are all affected differently by these conditions. It's not about a diagnosis, it's how you're affected.

Expect a face to face assessment because most people have them. If you're given LCWRA then you'll receive an extra £336 per month payable from the 4th month of your claim starting from when you sent in your first fit note. If the decision takes longer than this then you'll receive back dated money.

If the decision is LCW then you won't receive any extra money each month.

barrysharp

Thanks for that Poppy. I have read through both those links and have a bit of a better understanding. 

One thing I am unsure about is the type of work they would expect you to look for. I am unskilled and all my previous employment has been factory/warehouse positions where I would be on my feet all day. Would they expect me to look for alternative types of work that I haven't done before if mobility was my only issue? 

poppy123456

No problem. It's any type of work.