LCWRA Reviews

124

Comments

  • hansolo
    hansolo Online Community Member Posts: 20 Contributor

    It has been reported 700,000 cases are being parked to give the dwp a chance to work on other priorities such as surge in new claims

  • Catherine21
    Catherine21 Online Community Member Posts: 9,796 Championing

    Im not sure how i got my esa if it was because of substantial risk

  • Catherine21
    Catherine21 Online Community Member Posts: 9,796 Championing

    Ps if your claim was umder **** Risk would you be on esa for so many years ?

  • worried33
    worried33 Online Community Member Posts: 1,037 Championing
    edited April 12

    I will post what I have read on government announcements, but my advise to people is to not think about when you may next be reassessed as it will probably worsen your health and levels of stress, instead try to push it aside.

    Was previously announced reassessments for LCWRA would resume in 2026 (current year time of this post), but they dont intend to reassess everyone and also is dependent on available capacity in the WCA system. People in severe conditions group will definitely not be reassessed. Those who qualified via a LCWRA 15 point descriptor are unlikely to be reassessed.

    Priority cases being short term awards such as pregnancy, and also substantial risk awards (regulation 35).

    Now some educated speculation.

    Logically they will probably prioritise younger claimants, those who dont get PIP daily living, and those in areas with less WCA capacity issues, its known at this point the strains of the WCA system varies a lot from region to region. Some regions are so bad even when there was no official policy WCA's were routinely deferred in those areas, whilst other areas I expect will have a fair amount of capacity for reassessments, especially after timms statement stating they are catching up on backlogs.

    As I understand it in migration from ESA to UC, the prognosis date on the system is changed (if its overdue), its set to 3 months after the UC migration date. I put this under speculation as I post this without 100% confidence, but if correct it will push a lot of really several years overdue to a much shorter time interval. Those who were later in the migration process should then be less overdue than those who were first. However based on Timms statements, I think they still will look at the length recommendation from the most recent WCA to decide if an award is longer term or not, and not solely on the prognosis date.



    As I said at the top of this reply I will push this out of my head again after I have finished this post. Some of my most severe mental health relapses have occurred from me worrying about future WCA's.

  • Catherine21
    Catherine21 Online Community Member Posts: 9,796 Championing

    Thankyou worried33 me too ive started obssessing if im in substainal risk group scared to phone and ask my last paper based assessement was 2020 well at least substanial risk applies thankyou im going to try and cutoff from worrying to

  • luvpink
    luvpink Online Community Member Posts: 4,245 Championing

    @Catherine21

    Did you keep your decision letter?

    If so have a look at it to see if you qualified with 15 point descriptor and if there was any recommendation statement made by the assessor at the time to indicate whether you have substantial risk.

    I will look at my letter later to see if I am in that category.

    I find it very confusing.

  • Asia23
    Asia23 Online Community Member Posts: 75 Empowering

    Hello @luvpink

    The decision letter (for ESA presumably) will not provide the information about why you were awarded. Only the health assessment report will relay that information. If you had a face to face assessment, the report is called ESA85. If it was a paper based assessment, it is called ESA85A. You are entitled to have a copy of that report. You can call the ESA helpline to ask for the report to be provided to you.

  • Catherine21
    Catherine21 Online Community Member Posts: 9,796 Championing

    Same luvpink i had paperbased in 2020 i just recieved a letter to say i was in suppport group i dont ever recall getting a letter stating that

  • luvpink
    luvpink Online Community Member Posts: 4,245 Championing

    Sorry I meant the health assessment report which I have and I will find later to have a look.

    I had a telephone assessment.

  • luvpink
    luvpink Online Community Member Posts: 4,245 Championing
    edited April 12

    You will need to obtain your health assessment report if you don't already have a copy as @Asia23 explained in her post.

    @Catherine21

  • luvpink
    luvpink Online Community Member Posts: 4,245 Championing

    I have found my health assessment report and it doesn't state any points but "severe disability seems likely.

    Given her long standing history, the previous specialist input and progression of her symptoms a longer prognosis seems likely to apply".

    I don't know if that means I'm in the substantial risk category.

  • Asia23
    Asia23 Online Community Member Posts: 75 Empowering

    I'm sorry @luvpink I don't know either. The fact that no descriptor is cited or points awarded in your report would be unusual, unless you were awarded on the basis of substantial risk. However, they would normally spell that out?

    I was awarded ESA Support Group (now managed migrated to UC LCWRA) under 'substantial risk'. Looking at my ESA85A report (I had a paper-based assessment), no points or descriptors are referred to and it is spelt out in the form of words used that I am awarded under Regulation 35 (substantial risk). It says:

    'I advise that the client meets the criteria for LCW and LCWRA as they are suffering from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if they were found not to have limited capability for work and work-related activity.' 

    The only thing I can suggest you might try is to put in for a subject access request (SAR) to get all the data the DWP hold on you. You might find information within what they disclose to include the DWP Decision Maker's form (LT54) which records how the decision to put you in the Support Group was made, i.e. if it is substantial risk. Here is a link to how to request your personal information:

    Request your personal information from the Department for Work and Pensions - GOV.UK

  • Asia23
    Asia23 Online Community Member Posts: 75 Empowering
    edited April 12

    Alternatively, @luvpink the form of words used from your report might indicate that you met the severe conditions criteria (now called SCC which will be harder to qualify for in future), in which case, you may never be reassessed. However, again, that ought to have been spelt out in your report. I can't say for sure. Maybe putting in for a SAR might help clarify.

  • luvpink
    luvpink Online Community Member Posts: 4,245 Championing

    @Asia23

    Thank you.

    The report is very detailed and it does state I was awarded based upon specific descriptors regarding physical and mental impairment but no mention of regulation 35 or substantial risk only that I meet the criteria for LCWRA

  • Kimi87
    Kimi87 Online Community Member Posts: 8,698 Championing

    If you read through the LCWRA descriptors, might something match up with your assessment report?

    https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

  • luvpink
    luvpink Online Community Member Posts: 4,245 Championing

    @Asia23

    I just looked at my pip award letter.

    I had paper based and scored 22 for mobility and 14 for daily living ongoing for 10 years which takes me until 5 years past state pension age.

  • luvpink
    luvpink Online Community Member Posts: 4,245 Championing

    Thank you

    @Kimi87

    It seems I have qualified under substantial risk going by your link and the details in my assessment report to be placed in LCWRA

  • Catherine21
    Catherine21 Online Community Member Posts: 9,796 Championing

    How did you work it out i cant remember any of these questions and regarding wca being scrapped and pip being main benefit and you have a pip award for ten years hope makes sense im sure i must be subsatial risk as mines mental health

  • luvpink
    luvpink Online Community Member Posts: 4,245 Championing
    edited April 12

    Look at the link @Kimi87 has posted and it explains it in there.

    It explains who qualifies and why.

    It does cover mental health.

    I have also emailed requesting a SARS

  • Catherine21
    Catherine21 Online Community Member Posts: 9,796 Championing