UC WCA The mandatory reconsideration process

poppy123456

For LCWRA it's not about scoring 15 points through multiple descriptors. It's about meeting just one of those descriptors the majority of the time. You did not meet any of the descriptors but scored more than 15 points in the LCW descriptors, which would place you into this group.

The descriptors for LCWRA are here, as posted above. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

If you still think you should have been found to have LCWRA then you can request the Tribunal but you may want to get some expert advice before doing this. Start here. https://advicelocal.uk/

Jimm19

Hi , just an update , have my tribunal appeal hearing 28/3/22 . Recieved dwps evidence papers including HCP report , full of misleading info , missing key verbal evidence I gave, and basically downright lies . Might sound like a daft question,  for coping with social engagement if you can talk to family member would this prevent you scoring the 15 pts ? .  Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant. Score 15

poppy123456

The assessment isn’t there for them to write what you said verbatim. If it was there would be no point in having the assessment. It’s for them to gather more evidence to support. The report is their opinion based on everything you sent and what you said during the assessment.
However, you should put that report away and forget about it because it’s not going to get you LCWRA.
That descriptor doesn’t include family members. Although you should take note of the “significant distress” which needs to apply the majority of the time.

Jimm19

Thanks poppy, I have highlighted and gave examples of " significant distress " caused in all social engagement in my written response which I'll be posting shortly to the tribunal. Hopefully this is enough 🙏 

Jimm19

I know that there was no mention of family member in the description .the DM said "he can converse with his mother and brother even with anxiety " which I found strange, thinking could this be used as reason not to award 15pts ?

poppy123456

Engaging with a family member is completely different to engaging in social situations.
Substantial risk may also apply here. https://wcainfo.net/issues/substantial-risk-lcwra

Jimm19

Thanks poppy, that's what I thought , you've put my mind at ease thanks for replying 

poppy123456

No problem! Do come back and let us know the outcome.

Jimm19

Hi , tomorrow is my appeal hearing via phone and I'm really stressed and anxious about it all , does anyone have any advice for me ? Thanks in advance for any replies 

Jimm19

I won my appeal today , been placed into lcwra.  Thank the lord 🙏,  thanks to everyone  who helped me along the way on here. Very much appreciated . Would happily help anyone who's going through similar problems with the entire dwp process if I can . 

Alex_Alumni

Hello @Jimm19 that's great news, I'm glad to hear the forum has been so helpful, and that you'd like to help others in return

I hope you enjoy your evening, it must be quite a relief!

Jimm19

It's a massive relief Alex , can finally try and relax now .

Jimm19

Afternoon , am I right in thinking that since I was initially found to be lcw, and having that changed by a judge to lcwra,  that I will not have any backdated payments from 3 months after first fit note ? Am positively sure the judge said I should have been found lcwra after my wca assessment, and that I should have been awarded 15 pts for coping with social engagement,  if that helps 

poppy123456

The 3 month waiting period will apply from the date you reported your health condition. You will be owed money backdated to the 4th month of your claim. The extra money isn't paid at all during the waiting period.

Jimm19

Hi poppy and thanks for your reply , so I am entitled to backdated payments then ? I understand your response ,but wasn't sure if being awarded lcw before having that changed by judge rules out these backdated payments? 

poppy123456

Yes, you will be owed some money because the Tribunal changed the decision the DWP made. How much you're owed will depend on the exact date you reported your health condition and the dates of your assessment periods (or when you usually receive your money each month)

Jimm19

That's unbelievable news poppy  , thanks for letting me know , I'm genuinely just relived it's all over with , the backdated payments is a massive bonus 😀 👍 

Jimm19

I've just checked there , my first fit note was January 2020 (no gaps) ,AP 14th-13th , paid 20th 
Standard uc benefit . From March 2021 housing benefit and uc benefit, would that affect any potential backdated payments? 

poppy123456

LCWRA payable from either May or June depending on exactly what date you sent the fit note.

Jimm19 said:

Standard uc benefit . From March 2021 housing benefit and uc benefit, would that affect any potential backdated payments? 

I'm assuming you mean March 2020? Not 2021. Housing benefit? Do you mean housing element of UC? they are 2 completely different benefits.

Either way the LCWRA element is paid on top of your other elements. The only element that affects it is the Carers element.

Jimm19

Sorry poppy your correct , housing element of UC from March 2021(£294) along with standard UC allowance (£324) if that's clearer?