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LCWRA APPEAL

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politico
politico Community member Posts: 2 Listener
in Universal Credit (UC)
Hello there,

I have an appeal to organise for LCWRA as already in LCW.

Does anybody have any knowledge around the loss of bowels or incontinence weekly as this is the area I am appealing on.

I have a letter from my GP which says frequently has loss of bowels, would I be able to explain using any case law about how this affects me and how dwp have not taken this into consideration.

Frequently can be interpreted as weekly to fit their criteria as it does happen weekly and causes me a problem and would mean if I placed in LCW and not LCWRA that this will embarrassing and distressing at work as I will have to change my clothes and store them till I finish work.

Any thoughts on how to look into this for the appeal as unsure.

Thanks.
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    It is about how you are the majority of the time, once a week (if that is what you mean by weekly) is not the majority of the time. However if the loss of control is unpredictable you may be able to argue that it affects you every day because you have to plan your life on the basis that you may experience sudden loss of control at any time.
    You may find useful information here
    https://pipinfo.net/activities/managing-toilet-needs-or-incontinence
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • politico
    politico Community member Posts: 2 Listener
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    Hi there,

    This is not for PIP this is for being placed in the LVWRA group for UC instead of LCW. The criteria as I read it is states that you would be automatically placed in the LCWRA if you fit the criteria for special circumstances and one of these circumstances is loss/control of bladder on a weekly basis.

    Could I argue that frequently is weekly, as this is the case. I don’t know of any up case law to support this so was wondering if anybody knew of any or if there were any thoughts in how to approach my appeal.

    thanks calcotti for the info. 
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited July 2021
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    My apologies for misdirecting you to PIP information.

    See if there is anything helpful here
    https://wcainfo.net/activities/evacuation-of-the-bowel-and-or-bladder-lcw
    You are right that for LCWRA the test is “at least once a week” 
    Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.
    At least once a week experiences 
    (i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
    (ii) substantial leakage of the contents of a collecting device, sufficient to require cleaning and a change in clothing.

    So if this does happen at least once a week you should be treated as having LCWRA.

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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