Employment and Support Allowance (ESA)
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Help lwc/appeal

Hi can anyone please help me.
I claim UC and 1st june my doctor signed me off due to suffering depression anxiety and having panic attacks and not being able to leave my home.
I claimed newstyle ESA and completed the UC50 I have been sending fitnotes in and had a telephone WCA on the 5th February.
Then on 10th feb I had a call from UC saying my new work coach and to agree to few commitments, I told him I am waiting for a decision from my WCA, i thought that's why he was calling me.
He said no I'm just your new work coach, I told him I dont feel well enough to agree to what he says as I'm not able to leave home and became upset, he said just put couple of things in and he will call bk in 2 weeks.
He put CV keep regular contact with gp then Do 5hrs work search!
Obviously I had to log into my account and agree else sanction me.
Then day after I get the decision that I'm LWC and not in the lwcra!
I'm confused as to which is which but it said I would be expected to go training sessions!! I am so stressed out now as I cant go out this is going to cause me such distress I asked for explanation notes because I disagree with decision.
Can I appeal under the regulation 35 (2) (b)? And if so how do I go about it?
I feel I've been lied too, they are out to get me.

Replies

  • janer1967janer1967 Community champion Posts: 8,545 Disability Gamechanger
    Hi there 

    Sorry about the decision it doesnt always mean you will need to go on courses but you will have work preparation agreed with your work coach 

    Yes you can appeal and this should be explained in your decision letter.  The first stage is the mandatory reconsideration 
    You can do this by phone but always back it up in writing 

    Concentrate on areas you disagree with and why giving real examples 

    Also bear in mind the WCA is about looking at any type of work you would be able to undertake 

    Good luck any further questions just ask 
  • Debs69Debs69 Member Posts: 21 Listener
    Thankyou for you reply.
    Please can you tell me how many points do you need on wca to be eligible for lwcra?
    What are the descriptor for each question? Thankyou
  • calcotticalcotti Member Posts: 912 Pioneering
    Key point in the link janer has provided
    "Qualifying for the LCWRA group is not about scoring points. Instead, if the decision maker accepts that any of the following descriptors apply to you, then you will be placed in the LCWRA group"
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Debs69Debs69 Member Posts: 21 Listener
    I suffer from depression and unable to leave my flat have been like it for over a year I scored 18 point on wca but not in the lwcra and I'm stressing out because I might have to go attend work focus interviews and it's really distressing me how to I go about asking to change decision please thankyou 
  • janer1967janer1967 Community champion Posts: 8,545 Disability Gamechanger
    As I advised before you need to put in for a MR that is the first stage 

    If you do then some work coaches will turn off your work commitments until a decision is made on the appeal but not all of them will 

    I appealed my couple years ago and was housebound but found fit for work I went to tribunal and got LCWRA took over year to sort but my work commitments were just to have call with my work coach every 2 months while waiting for tribunal 

    Please note though I did fit descriptors as I am unable to walk , stand, do steps and virtually blind 
  • Debs69Debs69 Member Posts: 21 Listener
    Mine is stress anxiety having panic attacks so serve think I'm gonna die! Cant get my breath everything locks ups cant stop it, go into spasms just totally frightens the life out of me.
    After I'm so physical drained can sleep for a week! 
    All this is starting my anxiety and fear of being told to go job centre or training when I simply cannot leave my flat, feel like I'm end up doing something drastic just to get the help I need . I know its it's a mind thing but just cant get past it.

  • Ross_ScopeRoss_Scope Scope community team Posts: 2,899 Disability Gamechanger
    Hi @Debs69

    I'm sorry to hear this is stressing you out, I hope the advice given above has been helpful for you so far. Benefits can be a struggle but I'm sure you'll get there in the end and the community is here to support you :) 

    Are you receiving support from your GP to manage your mental health? You seem quite distressed at the moment and I wonder if you have any coping methods in place to help you through these tough times?

    Please remember also, that you can always:
    • Contact Samaritans any time on 116 123 if you ever want to talk to someone about your mental health.
    • You can also text Shout to 85258 to be put through to a trained handler.
    You can also always give Scope's helpline a call if you ever want to talk these issues over, and Advice Local is a good option for benefit advice.
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  • janer1967janer1967 Community champion Posts: 8,545 Disability Gamechanger
    Try not to get stressed over it you need to talk to your work coach about what their expectations are 

    They may not expect much but until you do this you may be worrying for nothing 

    Explain your circumstances and that you are going to appeal the decision 
  • Debs69Debs69 Member Posts: 21 Listener
    Ok thankyou for your help.
    I really wish I didnt stress so much my head is going round and round I dont know what to do first.
    I need to speak to my work coach, i just feel like he lied by telling he didnt know, seems strange set me up with commitments before I had the decision feel like I have to agree with what they say else I be in a worse situation than I am know.
  • janer1967janer1967 Community champion Posts: 8,545 Disability Gamechanger
    He probably didnt know he will have found out when you did and it is just his job to set commitments for anyone not placed in LCWRA 
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