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Hi, my name is wendy65! Really need advice. Put in a claim for LCW on behalf of my daughter

wendy65wendy65 Member Posts: 5 Listener
edited June 19 in Universal Credit
Hi,
really need advice. Put in a claim for LCW  on behalf of my daughter who is autistic.
the claim started on the 7 th Dec 2018. After a staggering amount of mistakes by the universal credit, too many to list, we finally had the assessment and the award was given from 7th Dec 2018.
all the way through I was assured to not worry because it would be backdated by her work coach assessment office etc.
I’ve  been advised by Brookes new work coach there is not back dated to come even though Brooke has been covered from 7 th December to the present date by sick notes .
and yet when I called UC they advised she will get back dated money.
help!!!!😳😳

Replies

  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    Hi and welcome 

    Was your daughter awarded lcw or lcwra 

    There is only additional payment if awarded lcwra 


  • wendy65wendy65 Member Posts: 5 Listener
    Just checked it says LCW.
    but I spoke to UC by phone last week as a payment went in I thought it was in relation to this new element. She said no that’s her normal payment her other payment will take up to 3 months to hit her account. And I asked twice if Brooke had extra money to come and twice she said yes.
    she has quite severe autism and would never be able to work. So if she has been awarded LCW can I appeal because she should be on LCWRA
    many thanks for responding

  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    Hi 

    Lcw means she isn't required to look for work she will have commitments set by her work coach like training doing a cv etc and maybe calls with work coach 

    The dwp call handlers don't always give great advice unfortunately 

    Yes you can appeal you need to do mandatory reconsideration  details should be on her letter

    Make sure you do it in writing not over phone 

    There is a form on gov website for Mr 

    The success rate isn't great but you can them go to tribunal which is better success rate 

    I took mine to tribunal and won I am in wheelchair was housebound and very limited vision buf original decision  was fit for work 
  • wendy65wendy65 Member Posts: 5 Listener
    Hi read in the letter I have 1 month from date of letter to appeal.
    I was never made aware that there was LCW and LCWRA.
    I assumed after 2 1/2 years of fighting them that we’d succeeded and Brooke had been awarded it. Have I lost my chance to appeal this.
    there is no way Brooke is fit for work at all.
    so frustrated feel like just sitting and crying
  • wendy65wendy65 Member Posts: 5 Listener
    I’ve gone over the 1 month mark
  • calcotticalcotti Member Posts: 2,217 Pioneering
    edited June 19
    You can still request an MR as long as you are within 13 months. If DWP refuse to accept it you still have full rights to appeal to the tribunal service.
    Outline of LCW/LCWRA here 
    https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    Try not to get upset I know it's hard and puts a real strain on you 

    Just focus your energy on the mr you might want to get some advice from welfare rights to assist you to get a better chance 

    Any questions just ask we are here to help 
  • wendy65wendy65 Member Posts: 5 Listener
    Thankyou for replying.
    I have requested the mandatory reconsideration.
    Been looking at lots of information on various sites. Some helpful, some not so much.
    I do find it staggering they Brooke has been awarded pip at the higher rate again for another 4 years they have given us a vehicle because she can’t get about on her own and yet they are prepared to get her ready for work.
    mentally she’s like a 9 year old.
    just cannot fathom this process out😳
  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    Hi again 

    Unfortunately getting pip doesn't mean getting lcwra and this is what happened to me too 

    They are different benefits with different criteria one looking at functionality to perform daily living and the other capacity to carry out any form of work 

    All you can do is keep fighting 

    The MR rate of success is quite low around 20% so you may find you end up at tribunal 
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