Help with WCA for LCWRA

vixen_5053

Hi,

I started a claim for LCWRA back in September 2020 due to various health conditions, both physical and mental. Sent in sufficient evidence to satisfy the descriptors for LCWRA. I had been claiming standard UC since March 2020.

I had an over the phone consultation October 2020. Not until I rang the Centre for Health and Disability offices in December 2020, did they tell me that they couldn’t come to a conclusion after my telephone assessment and I had to wait for a face-face assessment which are suspended due to Covid-19. I had an MRI in December which confirmed all the physical problems that were noted in my UC50 form, I sent this evidence to them which made no difference.

I was recently awarded enhanced daily living of PIP and standard mobility, with 10 points awarded on the moving around descriptor, surely this satisfies the LCWRA descriptor ‘mobilising more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion’ which would give me the full 15 points needed to be found to have LCWRA.

I sent the award letter and assessment report to the Centre for Health and Disability offices Monday as evidence, hoping they would take this into account to make a decision on my claim, they received it yesterday, didn’t make any difference. I then received a text message today saying I have another telephone assessment this coming Tuesday. 

I am awaiting a detailed letter from my GP explaining all my conditions, is it worth trying to get this sent to them before the assessment so as they can make a decision beforehand?

I don’t understand this as I’ve already had a telephone assessment? Are they liable to try to find me fit for work from this assessment or are they not able to do this as I haven’t had a face-face assessment yet?

Are they allowed do this? Any help or advice would be much appreciated.

 Thanks.

calcotti

They are probably just having another go at seeing whether or not they can make a decision without the need for a face to face assessment.

vixen_5053

Thanks @calcotti for the input.

@poppy123456 @janer1967 are you able to help with any advice or information? Would be greatly appreciated.

thanks.

calcotti

vixen_5053 said:

Thanks @calcotti for the input.

@poppy123456 @janer1967 are you able to help with any advice or information? Would be greatly appreciated.

thanks.

Poppy is no longer on the forum

vixen_5053

Okay thanks or maybe @chiarieds or @Ross_Scope could help? Quite desperate so sorry for all the tagging.

janer1967

Hi @vixen_5053

Sorry to hear all that has been going on 

Maybe as you have sent more evidence they may think another phone assessment will give them enough to make a decision without f2f 

I know its distressing buf see this as a positive they are trying all they can to get to a decision 

Pip and lcwra are separate benefits with different criteria lcwra looks at your ability to work and if there us any type of work you can do 

Pip looks at functionality to complete daily living tasks 

I was awarded Pip with no issues but then found fit for work in work capability even though I was housebound at the time 

I went to tribunal and won and was awarded lcwra by the tribunal 

All you can do is have the assessment and see what happens 

vixen_5053

Okay thanks for your help, just my anxiety going through the roof, probably just overthinking it. Will keep you all updated when I have my assessment and decision. Thanks again.

janer1967

Your welcome 

vixen_5053

Just to keep you updated, as well as being a bit confused.

I had my WCA assessment today. The phone call lasted only 8 minutes. I was very confused and my Sister spoke for me. The assessor said we can only focus on one condition to determine your capability for work, in this case they said they would focus on my mental health. My Sister made it clear that both my mental & physical conditions prevent any ability to look for work or work at all, as noted in all evidence provided at time of application and extra evidence sent after. The assessor said it’s too confusing for the decision maker to focus on all the aspects and we will focus on your mental health today. She mentioned that I had my PIP assessment a few weeks ago, she had the report in front of her, will they use this as evidence?

The assessor said you will hear from us in 12 months again after only asking a few brief questions. My sister asked does that mean there has been an award? To which the assessor said no, that it could take 6 weeks for a decision. The assessor said your next payment should reflect the extra payment for the health condition and I wouldn’t have to send in any fit notes. This is quite confusing when the assessor said that there hasn’t been any decision made yet?

The assessor basically said the phone call was only to confirm whether my mental health affected my work capability.

Can anyone help with how to make sense of this? Is it a good or bad thing?

Thanks.

janer1967

Hi there

I'm not surprised you are confused 

They may just ask about 1 condition as there may be enough evidence for the others 

The assessor has explained what will happen about payments if you are awarded lcwra
But it is up to decision maker 

The 12 month review will be her recommendation but the award doesn't run out until new assessment is done and they can do that anytime after 3 months from award 

All you can do now is wait for decision unless you have any new evidence to send 

Pip is diffrtent criteria but they do use the pip reports as additional evidence 

vixen_5053

Hi,

Thanks for your help.

Did you mean that there may NOT be enough evidence for the other condition?

Also does that mean that her recommendation is LCWRA for 12 months by the sounds of it?

I am still waiting on a detailed letter from my GP so will send that in when I get it.

 Thanks.

calcotti

vixen_5053 said:

Did you mean that there may NOT be enough evidence for the other condition?

No, janer meant that there may already be enough evidence so they don't need to ask you any questions about them.

janer1967

We don't know what the recommendation would be 

All the assessor does is assess you against the criteria and reports their findings and opinions  

It's up to decision maker based on all evidence 

vixen_5053

Okay thanks for the help @calcotti and @janer1967, much appreciated will keep you updated.

vixen_5053

Just to update. Received my decision today in my online UC journal, I’ve been awarded LCWRA.

I provided my first fit note 23rd September 2020, it was dated since August but UC didn’t accept it until 23rd September. I have provided fit notes since that with no breaks.

When will I be backdated from? And does anyone know how long the backpay takes to reach my bank?

Any help would be appreciated.

 Thanks.

janer1967

Hi there great news 

From 5he limited dates you give I would calculate payments to be made from Jan payment 

It can take around 8 weeks for back pay but no fixed timescales 

You should see the additional payment in your next uc payment 

calcotti

vixen_5053 said:...I provided my first fit note 23rd September 2020, it was dated since August but UC didn’t accept it until 23rd September. I have provided fit notes since that with no breaks.

When will I be backdated from? 

LCWRA likely to be payable from January but it depends on when your payment date is.

vixen_5053

Thanks.

I get paid twice a month. 2nd and 16th. Does that make any difference?

calcotti

vixen_5053 said:

Thanks.

I get paid twice a month. 2nd and 16th. Does that make any difference?

Do you know what date your claim started?

vixen_5053

3rd September 2020.

sorry I just check and I provided my first fit note in on the 4th September 2020 but the actual fit note is dated from 11 August 2020 till 11 November 2020, does that make any difference?

 Thanks.

vixen_5053

Sorry did you mean my actual universal credit claim?