I need help understanding going from LCW - LCWRA

Gcloud

Hi and 1st post here for me (sorry for long post)...

After my work capability assessment I was placed into the LCW but to be honest I struggle to understand information especially if its in document from so I just took that as that was an ok thing. I had no idea there was a LCWRA element or truly understand what had changed as it was more or less what had been the way it was.

A few months passed and having been struggling for a while I spoke to the Citizens advance who spoke to me about PiP and LCW/LCWRA... Long story short I applied for Pip and was awarded the standard rate which is great and a huge help, But I've also requested a mandatory consideration to be switched to LCWRA but that could take some time. 

My work coach has never told me about claiming for LCWRA or discussed any kind or work prep also never asked about looking for work so I'm really confused as to my knowledge everything seems I should be placed in the LCWRA but I'm not and I hope get that changed but not fully sure what happens. 

Thank you

calcotti

When was the decision to treat you as having LCW made? You can only request a mandatory reconsideration if it was within the last 13 months.

Are you clear why you think you should be treated as having LCWRA? Look at the requirements here
https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

Your work coach would not tell you about claiming for LCWRA because it is just one possible outcome of the Work Capability Assessment which you have had. It isn't separate from that.

poppy123456

You wouldn't be asked to look for work you've been found to have LCW.

Gcloud

calcotti said:

Are you clear why you think you should be treated as having LCWRA? Look at the requirements here
https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

yeah pretty much section 6, 10, 11,  12, 13, 

Gcloud

poppy123456 said:

You wouldn't be asked to look for work you've been found to have LCW.

I understand that LCW is to try and get you back to work sometime soon. My circumstances are prolonged and will not just go away and if anything got worse over covid. 

"Having LCWRA means you won't have to work or do anything to prepare for work. Having LCW means you won't have to work, but you might need to do some work-related activities"(From CA site)... the cut of for LCW or LCWRA seems pretty vague but that could be just me not understanding fully.

I've been told that I'm not required to do any work related activates by my coach and I wont be speaking to them until march so I don't see where "work related activates"  are applicable to me based on all the info I have currently. 

Gcloud

calcotti said:

When was the decision to treat you as having LCW made? You can only request a mandatory reconsideration if it was within the last 13 months.

In August 2021 

poppy123456

You will need to give a reason why you didn't request the MR during the first month. Do be aware that any worsening of condition will not be taken into consideration.

Gcloud

poppy123456 said:

You will need to give a reason why you didn't request the MR during the first month. Do be aware that any worsening of condition will not be taken into consideration.

They took note of my lack of understanding due to mental health issues and the lack of communication abilities I have into account when i asked for the reconsideration. like many who suffer mental health don't fully disclose every thing as it may seem like weakness or something but I've let it everything be known to them and have doctors with many years history of how my conditions effect me . I may have to take this down the tribunal route if failing this but that's something for another day.

I really appreciate your help

calcotti

Gcloud said:... the cut of for LCW or LCWRA seems pretty vague but that could be just me not understanding fully.

It's not vague. To get LCWRA you need to meet any one of the LCWRA descriptors or be at substantial risk if not found to have LCWRA.

Although it's more than one month since the decision you are challenging was made, if DWP refuse to accept the MR because it is late (which is unlikely) you can appeal the original decision to the tribunal service (just as you will be able to if the mR decision is unchanged from the original one).

Gcloud

calcotti said:

Gcloud said:... the cut of for LCW or LCWRA seems pretty vague but that could be just me not understanding fully.

It's not vague. To get LCWRA you need to meet any one of the LCWRA descriptors or be at substantial risk if not found to have LCWRA.

I'm sorry but I find it pretty unclear is that my work coach is telling me that I'm not required to look for work or do any work related activates yet here I am wondering why this is my outcome was LCW and not LCWRA this is where my confusion comes from.

I understand there is a set criteria someone must meet based on some points system, but i was never made aware of LCWRA at least to my knowledge until the CA told me about PiP and the higher rate. I've spoken at great length with my coach about this and they agree as do the citizens advice about how unclear or vague a lot of this is. 

calcotti

Gcloud said:.. i was never made aware of LCWRA at least to my knowledge ..

You reported a health condition. You had a Work Capability Assessment. LCWRA isn’t distinct from this. As explained, it’s just one of the possible outcomes (Fit for Work, LCW or LCWRA).

The requirements for LCWRA really aren’t vague. That is not the same as saying that claimants are well informed about the requirements or that understanding UC is easy.

Gcloud

calcotti said:

Gcloud said:.. i was never made aware of LCWRA at least to my knowledge ..

You reported a health condition. You had a Work Capability Assessment. LCWRA isn’t distinct from this. As explained, it’s just one of the possible outcomes (Fit for Work, LCW or LCWRA).

The requirements for LCWRA really aren’t vague. That is not the same as saying that claimants are well informed about the requirements or that understanding UC is easy.

Thanks for the input. Doesn't solve the issue of why my coach has told me to not look for work or do any work related activity and that dont receive the LCWRA but I appreciate the some help.

poppy123456

Your work coach has used their discretion and turned off work commitments, this isn't unusual. The criteria for LCWRA is not about points, you need to satisfy at least one of them.

calcotti

Gcloud said: Doesn't solve the issue of why my coach has told me to not look for work or do any work related activity and that dont receive the LCWRA but I appreciate the some help.

I agree with that. If you have been found to have LCW your work coach should be requiring you to do some work related activity (but this needn’t amount to much more than occasional appointments).
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/about-the-esa-groups/
They may have exercised their discretion to turn the requirement off (although I don’t think they are meant to do this if you have had the WCA decision).

Gcloud

calcotti said:

Gcloud said: Doesn't solve the issue of why my coach has told me to not look for work or do any work related activity and that dont receive the LCWRA but I appreciate the some help.

I agree with that. If you have been found to have LCW your work coach should be requiring you to do some work related activity (but this needn’t amount amounts more than occasional appointments).
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/about-the-esa-groups/
They may have exercised their discretion to turn the requirement off (although I don’t think they are meant to do this if you have had the WCA decision).

Its why I came to a forum site to find out more as before due to mental health I would sit and worry about things and sadly if I didn't understand things I wouldn't say out of fear of many things but now I've been more open and free to speak about my condition knowing there is help out there such as places like this and the CA. I cant even really remember having my WCA due to brain fog/ memory issues I had to hunt it down in my UC journal. A lot of this could be on me also and I'm thankful for any help along the way.