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UC WCA The mandatory reconsideration process

Jimm19

Hi there ,I recently had my WCA and was placed into the LCW section and not the LCWRA group. I asked for the decision to be looked at again as I believed I should have been placed into the LCWRA group. I provided my doctors letter as further proof of this along with my detailed explanation .on the 5 /1/22 my works coach acknowledged that I am unfit for work and also unfit for work related activities and that she has updated my UC commitments to this affect and has asked me to agree to this update by 11/1/22. But by doing this could this be some kind of underhand tactic to prevent the decision maker placing me into the LCWRA group ? Thanks in advance for any help, as I'm currently extremely agitated by all of this

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Comments

poppy123456

I don't see any tactics here. I see a work coach that is understanding and has used their discretion by turning off commiments.

Alex_Alumni

Hello @Jimm19 and welcome to the community. Thanks for reaching out. I'm sorry to hear you're feeling agitated, but I don't think there's anything to worry about.

You mentioned that your work coach has acknowledged that you're unfit for work, which is what qualifies you for LCWRA. There's nothing to suggest you won't be eligible, so try not to dwell on a negative outcome if you can.

Let us know how you get on, and if you need anything please don't hesitate to ask.

Alex

Jimm19

Thanks poppy for replying, was just thinking if my UC commitments are not fit to work and also not fit for WRA this is basically the same criteria as LCWRA support group, and could be used as a reason not to place me into LCWRA? Or am I overthinking things ?

poppy123456

Alex_Scope said:

You mentioned that your work coach has acknowledged that you're unfit for work, which is what qualifies you for LCWRA.

That's not quite correct. The OP was found to have LCW but it doesn't mean they are fit for work. A work coach can't make a decision on a WCA but they can turn of work commiments.

Jimm19 said:

Thanks poppy for replying, was just thinking if my UC commitments are not fit to work and also not fit for WRA this is basically the same criteria as LCWRA support group, and could be used as a reason not to place me into LCWRA? Or am I overthinking things ?

A work coach turning off commitments is not proof you're entitled to LCWRA.

You can see the descriptors for this here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

Alex_Alumni

Oh my apologies, my phrasing wasn't up to scratch there. I meant more that, to me, the acknowledgement of the OP being unfit to work meant that 'work related activity' is in effect also limited because of being unfit for work, so I should have been more clear. I was working from the definition used on the benefits and work site you've linked poppy, but I see that work, and work related activity aren't exactly the same, officially anyway. It's worth a read @Jimm19

Jimm19

Thanks Alex for replying much appreciated 🙏

Jimm19

Thanks poppy for the link ,I've actually read that previously. I understand what would qualify you as being placed into lcwra group. I believe I actually do qualify. I was more concerned with the fact my works coach has changed my UC commitments to not fit for work,or wra ,that the decision maker might think even though I qualify for for the LCWRA not to place me into it .as my new UC commitments mean I am unfit for work and any work related activities if you see what I mean ?

calcotti

Alex_Scope said:
I meant more that, to me, the acknowledgement of the OP being unfit to work meant that 'work related activity' is in effect also limited

No it doesn't.
'Work' and 'Work Related Activity' are different things.
Unfit for work but fit for work related activity is LCW.
Unfit for work and work related activity is LCWRA.

calcotti

Jimm19 said:

Thanks poppy for the link ,I've actually read that previously. I understand what would qualify you as being placed into lcwra group. I believe I actually do qualify. I was more concerned with the fact my works coach has changed my UC commitments to not fit for work,or wra ,that the decision maker might think even though I qualify for for the LCWRA not to place me into it .as my new UC commitments mean I am unfit for work and any work related activities if you see what I mean ?

As poppy has said

poppy123456 said:

A work coach can't make a decision on a WCA but they can turn of work commiments.

A work coach turning off commitments is not proof you're entitled to LCWRA.

Alex_Alumni

Thanks @calcotti for clarifying that

My mistake, I'll know for future now

Jimm19

Thanks for the input everyone I appreciate it 🙏 but I think I'm not explaining what I'm asking properly,my apologies. I know what qualifies you to be placed into lcwra, and I also know only a decision maker can make that decision. What I'd like to know is ,say the decision maker looks at my reasons I've gave along with my doctors letter and decides to place me into lcwra, not only is that extra money but it means your classed as being unfit for work and also unfit to take part in WRA . Now since my works coach has changed my UC commitment to the very same thing . Could that be used by decision maker not to place me into lcwra?? Even though I qualify for it ?

calcotti

Jimm19 said:Now since my works coach has changed my UC commitment to the very same thing . Could that be used by decision maker not to place me into lcwra?? Even though I qualify for it ?

No.

Jimm19

Thanks so much calcotti ,I've been stressed since I came off the call yesterday to my works coach thinking that .

Alex_Alumni

I'm glad calcotti has been able to reassure you @Jimm19 it'll be nice to relax with your mind at rest this evening

Jimm19

Definitely Alex , has put my mind at ease thankfully 🙂

Jimm19

Hello again, just a follow up to my initial post . Looking for help and advice basically. I have been informed by letter from DM that they will be sticking to original decision placing me in LCW and not LCWRA , I will need to go to appeal stage . I'm confused as I scored 27 points in 4 areas and thought anything over 15 points would place me into lcwra?

calcotti

I didn’t think they told you your point score for WCA decisions so why do you think you scored 27 points?

Jimm19

Image: https://us.v-cdn.net/6027153/uploads/editor/qk/qzshdld5gi19.jpg

Jimm19

I had asked for a MR after I had been placed into lcw , my last post was part of my letter today from a DM if that helps ?

calcotti

Sorry, wasn’t thinking earlier.
If you get 15 points or more you get LCW. It doesn't get you LCWRA.
To get LCWRA you have to satisfy any one of the LCWRA descriptors or be at risk if not found to have LCWRA.
See
https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity
as advised by poppy in an earlier reply.