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UC limited capability to work

jaky

2 years ago I applied for UC . I was hoping the job center would be able to help me find work but because of my conditions they were unable to and they told me to go for an assessment because they said that i shouldn't be on just basic UC. I failed the assessment and i was told to appeal which i did and i won my appeal in court on the 6th March for limited capability to work.

I was told by the judge that i would receive a letter within 2 weeks telling me what I was entitled to, i haven't received anything yet. Im meant to have a case manager from the job center dealing with all this but although i have been promised a call from her since my court case i haven't heard anything.

I presumed that i would now receive more money and not just the basic UC but ive been told in my journal by one guy that because i didnt apply before 2017 I wont get any extra money and then another person told me that it was only a first tier tribunal so i have to appeal again. Im confused as I've got a letter from the judge that he gave me after the hearing saying i was awarded it, so why have i got to appeal again? They are not answering me via my journal anymore so i hope someone can answer my questions.

My question is do I only receive the basic UC even though I've won my appeal for limited capability to work.

Hope you can understand what I've written, this whole process has been going on for 2 years now, my savings have gone, trying to keep my owned house afloat and i'm now worried that i'm going to have to sell up.

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jaky

Having a nose on this forum I've realized that i must be on lCW, thats why im only getting the standard rate UC. I haven't had a letter or anything in my journal to tell me and nobody has explained anything. I have a balance problem and i also had an eye stroke that has left me with distorted vision so getting around is really difficult for me. I certainly cant appeal again and wait another year for a decision as this has been going on for 2 years already and my saving have gone. So i'm going to have to sell my house and move to a cheaper area so ive got some money to live on. If i had known all this in the first place then i would of sold up 2 years ago so i could have kept my savings and my sanity. Its been a mess from beginning to end.

janer1967

Hi Welcome to the community.

You are correct if you have been awarded LCW you will not receive any additional money and will be expected to do some form of work preparation activities which will be set by your work coach.

Only those awarded LCWRA get the additional payment and have no work commitments.

You will in time get a letter and also be contacted by your work coach I would imagine the delay is due to the current situation and reduction in staffing levels at DWP.

Are you sue LCW is what you were awarded ? as it can take a long time for any payments to be awarded.

You can only appeal this decision by requesting a statement of reasons and then finding there has been an error in law, the statement has to be requested within 4 weeks and the DWP can also appeal which is why there is always a gap in getting any payments.

I hope this makes sense if not happy to answer any other questions you have

jaky

janer1967 said:

Hi Welcome to the community.

You are correct if you have been awarded LCW you will not receive any additional money and will be expected to do some form of work preparation activities which will be set by your work coach.

Only those awarded LCWRA get the additional payment and have no work commitments.

You will in time get a letter and also be contacted by your work coach I would imagine the delay is due to the current situation and reduction in staffing levels at DWP.

Are you sue LCW is what you were awarded ? as it can take a long time for any payments to be awarded.

You can only appeal this decision by requesting a statement of reasons and then finding there has been an error in law, the statement has to be requested within 4 weeks and the DWP can also appeal which is why there is always a gap in getting any payments.

I hope this makes sense if not happy to answer any other questions you have

Thanks for replying...Im not sure what I have been awarded, nobody has let me know. I only realized that there were 2 different levels when i looked on here. They are not replying to anything i write in my journal except to say that i'm not receiving any extra money and if i don't agree with the decision then i can appeal...whatever the decision was that they have made. Work preparation doesn't bring in any money. and my condition is unlikely to improve soon. It took me 14 months for my court case to happen, i cant wait another 14 months for the next one, I live alone so the only income coming in is my basic UC. Im just really frustrated with the whole thing and dreading trying to sell my house with everything going on at the moment.

janer1967

I totally understand your frustration I too have been through the whole process myself to tribunal and it took 14 months, however I did win my case.

You will not be able to appeal the decision as a tribunal is the appeal as I said before the next step would be upper level tribunal if you find an error In law in the statement of reasons

You could start a new claim by submitting a new med cert for a different reason than the ones you submitted before this will trigger the whole process off again from scratch.

I too lost my home as I was no longer able to work and pay my mortgage so I have been there done that. Have you spoken to your lender to see if they can support you in anyway, I had reduced payments for a long period until my property sold ?

jaky

janer1967 said:

I totally understand your frustration I too have been through the whole process myself to tribunal and it took 14 months, however I did win my case.

You will not be able to appeal the decision as a tribunal is the appeal as I said before the next step would be upper level tribunal if you find an error In law in the statement of reasons

You could start a new claim by submitting a new med cert for a different reason than the ones you submitted before this will trigger the whole process off again from scratch.

I too lost my home as I was no longer able to work and pay my mortgage so I have been there done that. Have you spoken to your lender to see if they can support you in anyway, I had reduced payments for a long period until my property sold ?

Thanks again.... I think my best bet is to sell my house and move to cheaper area so ive got money in my pocket. I finished paying for my house 4 years ago so i don't have a mortgage. I would never go through this whole process again, the stress has aggravated my conditions and i don't feel strong enough to fight anymore.
The judge has only granted me a year before i have to go through another assessment, that will be in December and i don't want the same mess up again.
Im sorry you had to loose your home as well....ive never claimed for anything in my 59 years and didn't realize it was so complicated.