LCWRA Reviews

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Comments

  • Asia23
    Asia23 Community Member Posts: 76 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.

  • luvpink
    luvpink Community Member Posts: 4,678 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 Community Member Posts: 4,678 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 Community Member Posts: 4,678 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 Community Member Posts: 76 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 Community Member Posts: 76 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 Community Member Posts: 4,678 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 Community Member Posts: 8,721 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 Community Member Posts: 4,678 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 Community Member Posts: 4,678 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

  • luvpink
    luvpink Community Member Posts: 4,678 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

  • luvpink
    luvpink Community Member Posts: 4,678 Championing
  • hansolo
    hansolo Community Member Posts: 21 Contributor

    I got my lcwra award in 2024 it was on descriptors which I met the criteria I am not a substantial risk if you have a uc85 that tells you if there is a regulation 35 and it states substantial risk then that means you weren't awarded on descriptors you didnt score enough points if your uc85 doesn't have regulation 35 then look at page 7 / 8 of your uc85 that's if you have a uc85 if you dont have a uc85 then you can ask the DWP for one.

    Substantial risk cases are a priority

    However new claims are the first priority

    Change of health circumstances

    There is a backlog aswell this is the period during the covid era face to face assessments were paused and there were telephone appointments the government have now switched these back on

    First priority

    New claims

    Change of circumstances in your health

    Substantial risk cases

    Covid era backlog due to face to face assessments being paused up until April 6th 2026

    The wca assessments are being abolished 2028/2029 however there has been talking about 2030/2031

    If your a lcwra award is on descriptors you are not on their list

    They have a lot to get through

    New claim surge

    Change of health circumstances

    Substantial risk cases

    These cases I have mentioned will take them a long time and its highly unlikely they will get them all done by the time the wca is abolished so if your lcwra award was done pre april 2026 you are protected you keep the 423.27 new claimants get 217.00

    If you got your award say 2024 or 2025 its highly unlikely they will get to you unless you report a change in your circumstances that will put you in their list apart from that you would be a stable award case

  • luvpink
    luvpink Community Member Posts: 4,678 Championing

    Hi @Catherine21

    I doubt very much it will trigger an assessment.

    They already have massive backlogs to deal with.

    Mine was paper based as you know and I emailed them requesting (in the required box) a SARS

  • hansolo
    hansolo Community Member Posts: 21 Contributor

    It doesnt trigger an assessment i asked for a uc85 post a message on your journal they will respond i did this myself and i received my uc85 within 5 working days and I saw i wasn't a substantial risk I scored on descriptors so contact them and they should send you your uc85

  • luvpink
    luvpink Community Member Posts: 4,678 Championing

    @hansolo

    I agree.

    We are entitled to obtain information they have about us without it triggering an assessment.

  • hansolo
    hansolo Community Member Posts: 21 Contributor