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What's the criteria for being lwc and lwcra?

MirandaQMirandaQ Posts: 9Member Listener
edited February 4 in Universal Credit
I have just won my appeal for LWC - fantastic.  However, I have ME/cfs and my condition has worsened since the original assessment/appeal so that I am currently bed/housebound and have been since Christmas, should I be LWCRA?

Replies

  • poppy123456poppy123456 Posts: 7,281Member, Community champion Brian Blessed
    Hi,

    They can only take into consideration how you were at the time of the decision. Any worsening condition since then doesn't count.

    The descriptors for LCWRA are in this link at the bottom and you must satisfy at least one of them.

    If this was a Tribunal decision then you will only be able to appeal the decision if an error in law was made in making the decision. To find this you must first ask the Tribunal for the statement of reasons and record of proceedings.

    Did you appear in person at the hearing?

  • MirandaQMirandaQ Posts: 9Member Listener
    I had already started a new claim for a worsened condition prior to finding out that I'd actually won the original appeal - I'm guessing that I should follow this up as I am now probably entitled to lwcra by the look of the descriptors you have kindly provided me.  Thank you for these - I searched and searched and just couldn't find them.

  • poppy123456poppy123456 Posts: 7,281Member, Community champion Brian Blessed
    You're welcome. Are you claiming ESA or UC? I assumed it was UC because that's the part of the forum you asked your question in.

    The claim for the Tribunal decision when did that claim start?
  • poppy123456poppy123456 Posts: 7,281Member, Community champion Brian Blessed
    Also when did you start the new claim? Sorry for all the questions just trying to help you. Without answers to these i won't be able to advise you correctly.
  • MirandaQMirandaQ Posts: 9Member Listener
    No problem.  Claiming UC and the original claim started in February 2018.  New claim started November 2018 because I had no idea that I had won my appeal and I couldn't keep up with UC demands due to worsened condition.
  • poppy123456poppy123456 Posts: 7,281Member, Community champion Brian Blessed
    Thanks. Who advised you to start a new claim? I'm assuming you haven't yet had your face to face assessment for the new claim? The only problem you have now is any new decision will overrule the Tribunal decision. Whilst that wouldn't be a problem if you were given either LCW or LCWRA, however, if you were found fit for work again then you'll be in the same position you were previously in.

    As you have Me/cfs does this cause you mobility issues? I'm assuming they do? I know what they both are, so that helps. Although we're all affected differently by these conditions.

    If they do cause you mobility problems then i'm assuming you're thinking of the mobilising descriptor for LCWRA, am i correct? I'll gladly help you more once i know this.
  • MirandaQMirandaQ Posts: 9Member Listener
    I started the new claim in desperation as during my wait for the appeal decision I was expected to look for work for 16hours a week which I wasn't capable of doing and being made to do so was making my illness worse.  The advisor told me that if I felt my illness had deteriorated then I would need to start a new claim which I did, even paying for medical evidence.  I could just stay with the original claim, to be honest, I am very grateful and relieved to have this decision.  However, surely as my original assessment was in February last year, UC could ask for a new one anytime anyway?  Also, I have no idea what "preparing for work" involves, would I be able to do what they ask?  If not, I face more sanctions.  Yes, mobility as I say, I am bed bound 3 days out of 7 and the other days I can walk no further than the sofa due to pain and extreme fatigue.
  • poppy123456poppy123456 Posts: 7,281Member, Community champion Brian Blessed
    Yes they can re-assess you anytime from 3 months. However, i still think that starting another claim was the wrong thing to do but as you've started that claim now there's nothing you can and you have to stick with that claim. Whether the DWP honour that decision and give you LCW for your new claim i don't know.

    As it's descriptor 1 mobilising then for this they will also look at your ability to use a self propel wheelchair so you need to think about that too. If they think you're able to self propel a wheelchair then you won't be given LCWRA for this descriptor.

    Have you filled out the work capability assessment form yet? If you haven't then you need to put as much information about how your conditions affect you as possible. Tell them everything about your conditions and focus on the mobility and the self propel wheelchair too.

    Also as you were given LCW and your claim started after April 2017 then you won't be paid the extra amount each month.

    If you can get face to face advice for your new claim then i'd advise you to do this. Good luck.
  • MirandaQMirandaQ Posts: 9Member Listener
    Thank you for your kind advice.  I haven't had the form yet even though the claim was started ages ago.  Not sure I trust their "advice" after getting me to start a new claim. I guess I will just have to continue my battle with UC.  I was hoping for some relief from the struggle so that I could concentrate on getting better, even my OT doesn't want to start treatment until this stress is overcome as it's such a hindrance to my condition. :smile:
  • poppy123456poppy123456 Posts: 7,281Member, Community champion Brian Blessed
    You're welcome. It's never really the best idea to start a new claim.
  • MirandaQMirandaQ Posts: 9Member Listener
    They did ask " are you sure you want to do this" and I said, "no, but what choice do I have?" I just couldn't physically do what they wanted me to do and I'd had no news of my appeal.  Perhaps they will overlook it as I wouldn't have started it if they'd have advised me earlier about winning my appeal?  I can but hope for some peace!
  • poppy123456poppy123456 Posts: 7,281Member, Community champion Brian Blessed
    The Tribunal couldn't advise you any earlier about the decision because the decision wasn't made.

    The best you can hope for is DWP will honour the Tribunal decision and give you LCW for this claim, however, this doesn't help your situation because you'll still have to attend the JC for your appointments. If you don't attend then you could be sanctioned.

    You'll need to wait to see what DWP decide, it can take 8 weeks for your claimant commitment to change. As you were given LCW then there's no backdated money.

    If DWP decide on LCW for this new claim then a change of circumstances for worsening condition is possible.


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