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I've tried to request a review of my LCW non-decision, but am getting nowhere. Any advice?

tracy_lcw_issuetracy_lcw_issue Member Posts: 3 Listener
edited February 3 in Universal Credit
Hi,
I am undergoing my assessment for LCW since Sept 2019 when my GP diagnosed anxiety and depression. I was also admitted to hospital for a week in Feb 2020 suffering from severe vomiting, and CT scan revealed I had Gastroparesis (which was as a result of a large duodenal ulcer, which was not discovered until April 2020). I am still unable to eat solid food, and had an Endoscopy procedure last Monday. I have declared my health conditions in my journal online and provided medical evidence and fit notes from GP.
I had to complete a UC50 form and had a telephone appointment for lcw assessment, but the outcome was that there was not enough information to make a decision and I would need a face to face assessment (currently suspended).
I have read on CAB website that hospital admission for longer than 24hrs denotes automatic entitlement to lcw, and for a period of recovery afterwards.
I have tried to request a review of my lcw non-decision, but am having trouble with being passed from pillar to post and getting nowhere.
Can anybody please help me with this issue, I would be grateful for any advice how I can get this reviewed...

Replies

  • janer1967janer1967 Community champion Posts: 7,399 Disability Gamechanger
    Hi and welcome 

    I have never heard that hospital stay automatically entitled you to LCW 

    I had my leg amputated and was found fit for work even though I was housebound.  I did take it to tribunal and won . I was in hospital for 4 weeks 

    Unfortunately if they have said you need f2f assessment there is nothing you can do other than wait till they start again 

    As to the info being on cab website I wouldn't want to say this is wrong just not my understanding or experience of this being correct 

    Hopefully other members can clarify this 


  • tracy_lcw_issuetracy_lcw_issue Member Posts: 3 Listener

    Hi,

    Thank you for your reply, please see link below to the CAB website where I found the information:

    https://www.citizensadvice.org.uk/benefits/universal-credit/claiming/getting-universal-credit-if-youre-sick-or-disabled/

    Check if you have limited capability automatically:

    In some situations you're automatically treated as having LCW or LCWRA once you tell the DWP. Your work coach might ask you for some evidence, such as a hospital appointment or a letter from your doctor.

    You're pregnant and this makes it hard for you to work

    You already get Employment and Support Allowance (ESA)

    You're over pension credit age and getting other benefits


    You're in hospital or quarantine

    Tell your work coach straight away if you go into hospital or drug or alcohol rehab for at least 24 hours. You'll have LCW while you're in hospital. You'll also have LCW after you come out, if the DWP agree you need time to recover.

  • janer1967janer1967 Community champion Posts: 7,399 Disability Gamechanger
    Thanks 

    I wasn't disputing it 

    It makes sense you have it while in hospital as you cant look for work during this time or possibly when you are recovering 

    Lcw only means you have to prepare for work and complete work programmes when required and there is no additional payments added to your benefits 

    You need to be awarded LCWRA  to not have to look for work or any related activity and be entitled to the extra payment 
  • tracy_lcw_issuetracy_lcw_issue Member Posts: 3 Listener
    Thank you, I have only discovered this today. How does the lcwra criteria differ from lcw do you know please? 
  • chiariedschiarieds Community champion Posts: 6,896 Disability Gamechanger
    Hi @tracy_lcw_issue - & welcome. As you probably know with LCW you need to score at least 15 points; for LCWRA in addition you need to meet one of these descriptors: https://www.legislation.gov.uk/uksi/2013/376/schedule/7/made I hope that may answer your query above.

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