UC WCA The mandatory reconsideration process — Scope | Disability forum
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UC WCA The mandatory reconsideration process

Jimm19
Jimm19 Community member Posts: 43 Connected
Hi there ,I recently had my WCA and was placed into the LCW section and not the LCWRA group. I asked for the decision to be looked at again as I believed I should have been placed into the LCWRA group. I  provided my doctors letter as further proof of this along with my detailed explanation .on the 5 /1/22 my works coach acknowledged that I am unfit for work and also unfit for work related activities and that she has updated my UC commitments to this affect and has asked me to agree to this update by 11/1/22. But by doing this could this be some kind of underhand tactic to prevent the decision maker placing me into the LCWRA group ? Thanks in advance for any help, as I'm currently extremely agitated by all of this 
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Comments

  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    I don't see any tactics here. I see a work coach that is understanding and has used their discretion by turning off commiments.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
    Hello @Jimm19 and welcome to the community. Thanks for reaching out. I'm sorry to hear you're feeling agitated, but I don't think there's anything to worry about.

    You mentioned that your work coach has acknowledged that you're unfit for work, which is what qualifies you for LCWRA. There's nothing to suggest you won't be eligible, so try not to dwell on a negative outcome if you can.

    Let us know how you get on, and if you need anything please don't hesitate to ask.

    Alex
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  • Jimm19
    Jimm19 Community member Posts: 43 Connected
    Thanks poppy for replying, was just thinking if my UC commitments are not fit to work and also not fit for WRA this is basically the same criteria as LCWRA support group, and could be used as a reason not to place me into LCWRA? Or am I overthinking things ?
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger

    You mentioned that your work coach has acknowledged that you're unfit for work, which is what qualifies you for LCWRA.

    That's not quite correct. The OP was found to have LCW but it doesn't mean they are fit for work. A work coach can't make a decision on a WCA but they can turn of work commiments.

    Jimm19 said:
    Thanks poppy for replying, was just thinking if my UC commitments are not fit to work and also not fit for WRA this is basically the same criteria as LCWRA support group, and could be used as a reason not to place me into LCWRA? Or am I overthinking things ?

    A work coach turning off commitments is not proof you're entitled to LCWRA.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
    edited January 2022
    Oh my apologies, my phrasing wasn't up to scratch there. I meant more that, to me, the acknowledgement of the OP being unfit to work meant that 'work related activity' is in effect also limited because of being unfit for work, so I should have been more clear. I was working from the definition used on the benefits and work site you've linked poppy, but I see that work, and work related activity aren't exactly the same, officially anyway. It's worth a read @Jimm19
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  • Jimm19
    Jimm19 Community member Posts: 43 Connected
    Thanks Alex for replying much appreciated 🙏 
  • Jimm19
    Jimm19 Community member Posts: 43 Connected
    Thanks poppy for the link ,I've actually read that previously. I understand what would qualify you as being placed into lcwra group. I believe I actually do qualify. I was more concerned with the fact my works coach has changed my UC commitments to not fit for work,or wra ,that the decision maker might think even though I qualify for for the LCWRA  not to place me into it .as my new UC commitments mean  I am unfit for work and any work related activities if you see what I mean ?
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    Alex_Scope said:
    I meant more that, to me, the acknowledgement of the OP being unfit to work meant that 'work related activity' is in effect also limited 
    No it doesn't.
    'Work' and 'Work Related Activity' are different things.
    Unfit for work but fit for work related activity is LCW.
    Unfit for work and work related activity is LCWRA.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    Jimm19 said:
    Thanks poppy for the link ,I've actually read that previously. I understand what would qualify you as being placed into lcwra group. I believe I actually do qualify. I was more concerned with the fact my works coach has changed my UC commitments to not fit for work,or wra ,that the decision maker might think even though I qualify for for the LCWRA  not to place me into it .as my new UC commitments mean  I am unfit for work and any work related activities if you see what I mean ?
    As poppy has said
    poppy123456 said:

    A work coach can't make a decision on a WCA but they can turn of work commiments.

    A work coach turning off commitments is not proof you're entitled to LCWRA. 


    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
    Thanks @calcotti for clarifying that :) My mistake, I'll know for future now
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  • Jimm19
    Jimm19 Community member Posts: 43 Connected
    Thanks for the input everyone I appreciate it 🙏 but I think I'm not explaining what I'm asking properly,my apologies. I know what qualifies you to be placed into lcwra, and I also know only a decision maker can make that decision. What I'd like to know is ,say the decision maker looks at my reasons I've gave along with my doctors letter and decides to place me into lcwra, not only is that extra money but it means your classed as being unfit for work and also unfit to take part in WRA . Now since my works coach has changed my UC commitment to the very same thing . Could that be used by decision maker not to place me into lcwra?? Even though I qualify for it ?
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    Jimm19 said:Now since my works coach has changed my UC commitment to the very same thing . Could that be used by decision maker not to place me into lcwra?? Even though I qualify for it ?
    No.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Jimm19
    Jimm19 Community member Posts: 43 Connected
    Thanks so much calcotti ,I've been stressed since I came off the call yesterday to my works coach thinking that . 
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
    I'm glad calcotti has been able to reassure you @Jimm19 it'll be nice to relax with your mind at rest this evening :)
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  • Jimm19
    Jimm19 Community member Posts: 43 Connected
    Definitely Alex  , has put my mind at ease thankfully 🙂
  • Jimm19
    Jimm19 Community member Posts: 43 Connected
    Hello again, just a follow up to my initial post . Looking for help and advice basically. I have been informed by letter from DM that they will be sticking to original decision placing me in LCW and not LCWRA , I will need to go to appeal stage . I'm confused as I scored 27 points in 4 areas and thought anything over 15 points would place me into lcwra? 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    I didn’t think they told you your point score for WCA decisions so why do you think you scored 27 points?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Jimm19
    Jimm19 Community member Posts: 43 Connected
  • Jimm19
    Jimm19 Community member Posts: 43 Connected
    I had asked for a MR after I had been placed into lcw , my last post was part of my letter today from a DM if that helps ?
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2022
    Sorry, wasn’t thinking earlier.
    If you get 15 points or more you get LCW. It doesn't get you LCWRA.
    To get LCWRA you have to satisfy any one of the LCWRA descriptors or be at risk if not  found to have LCWRA.
    See
    https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity
    as advised by poppy in an earlier reply.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.

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