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Mandoraty reconsideration put into lcw instead of lcwra

dave2611dave2611 Posts: 23Member Connected
Hi i was wondering if any one had any advice or information on a WCA decision. I was put into the lcw group instead of the LCWRA one. The assessor left out loads of key factors in the report basically stitching me up and putting me in the lcw group when I believe I should be in the LCWRA. I had an accident at work 10 years ago leaving me suffering with ptsd, anxiety depression and body dismorfia, I suffer with social anxiety and suicidal thoughts on a daily basis I also receive pip high rate daily living allowance. Ive recently requested a mandatory reconsideration and sent in further evidence. I've sent in my award letter off pip and a typed letter off my probation officer stating the fact I have a very long history of violent outbursts in and out of prison and that he believes me being putting into lcw instead of lcwra could have serious consequences on the state of my mental health and could put me and other people at serious risk of violence due to me being stressed and anxious about the decision.Also there could be a good chance of me turning to alcohol an drugs again due to stress an anxiety. I also take anti depressants and strong nerve damage pain killers which cause me dizzines and confusion on a daily basis. What i wanted to know was do you think the pip award letter and the letter off probation would change there decision at mandoraty reconsideration or even what are the chances of them standing up in the court of appeal tribunal?   Should these factors be enough to put me into LCWRA group. Thanks in advance 

Replies

  • poppy123456poppy123456 Posts: 17,702Community champion Disability Gamechanger
    HI,

    PIP and the work capability assessment are 2 totally different benefits, with different criteria. There was certainly no harm in sending it but whether or not it will be used, is a different matter. Hopefully the letter will help but no one can really predict anything at this stage.

    There's only a 15% chance of the MR decision changing, hopefully you'll be one of those. There's no timescales for decisions but hopefully it won't be too long.

    Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • dave2611dave2611 Posts: 23Member Connected
    Hi poppy, thanks for you'e reply. What about the letter off my probation officer about my long history of violent outbursts would that help at mc stage or even at tribunal? Thanks
  • poppy123456poppy123456 Posts: 17,702Community champion Disability Gamechanger
    It may yes but not sure at MR stage because most of those decisions remain the same.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • dave2611dave2611 Posts: 23Member Connected
    Hi thanks poppy, what about me being on esa benefit and pip in December 2018 and getting sent to prison in December 2018 and being released in April 2019, my pip was reinstated straight away on release but i was told I have to now claim uc due to going prison meaning I lost all my premiums on uc. Isn't there no protection on people on esa who have a break in there claim due to imprisonment who receive premiums on esa for pip or are they correct in moving me to uc and me losing my premiums thanks
  • poppy123456poppy123456 Posts: 17,702Community champion Disability Gamechanger
    No problem. No, your ESA entitlement would have ended while you were in prison. Claiming UC was correct.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • dave2611dave2611 Posts: 23Member Connected
    Thank you, do you know if there is any future plans for disabled people in receipt of pip who are losing out on premiums when starting a claim for uc and losing 300+ a month? Who have Also been placed in lcw with no extra money? 
  • poppy123456poppy123456 Posts: 17,702Community champion Disability Gamechanger
    edited February 3
    No problem. DWP are in the process of contacting people that transferred across to UC who were claiming the severe disability premium within 1 month of the date they started their UC claim. Unfortunately, you won't be one of those because your ESA ended while you were in prison. When you started your claim for UC you had to be reassessed because the ESA award you previously had no longer existed. The premiums don't exist under UC.

    The reason you don't receive any extra money is because of the new rules for people placed into the LCW who started their claim after April 2017.

    If the MR or Tribunal successfully places you into the LCWRA group then you'll receive backdated money to the 4th month of your claim starting from when you sent your first fit note.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • dave2611dave2611 Posts: 23Member Connected
    Hi thanks poppy, I've just read online about the sdp gateway that allows people who have been released from short prison sentences who reclaim housing benefit or are put into tempory accommodation where the sdp is included are allowed to go back onto legacy benefits. My pip was reinstated when I was released from prison and I was also put into temporary accommodation, would this gateway apply to me do ya know? Thanks
  • dave2611dave2611 Posts: 23Member Connected
  • poppy123456poppy123456 Posts: 17,702Community champion Disability Gamechanger
    Does your UC include a housing element or do you claim housing benefit for help with your rent? 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • dave2611dave2611 Posts: 23Member Connected
    I think I claim housing benefit seperatly as I'm in temporary supported accomadation an have been since April last year when I was released from prison....
  • poppy123456poppy123456 Posts: 17,702Community champion Disability Gamechanger
    You will know if you're claiming housing benefit separately because on your UC statement it will not state any housing element. If you are claiming housing benefit then going back onto the old legacy benefit maybe possible but you'll need to get some expert face to face advice regarding this because i wouldn't be able to give you any advice on this.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • dave2611dave2611 Posts: 23Member Connected
    Yes it doesn't state housing benefit on my statement and okay I'll look into this thank you 
  • dave2611dave2611 Posts: 23Member Connected
    Do you have any idea who I would contact to raise my point about this matter with the two, would it be uc I'm on now was or housing benefit I should I should raise my issue with? Thank you 
  • dave2611dave2611 Posts: 23Member Connected
    Sorry typing error...... Do you have any idea who I would contact out of uc, esa or housing benefit to raise my issue with regarding the sdp gateway rules for this matter and the fact I could of stayed on legacy benefits ? Thank u
  • avakarlssonavakarlsson Posts: 220Member Courageous
    Hi 
    I applied first universal credit October 2019 and 2 weeks ago Saturday coming I had my work health assessment. I got my decision letter on my journal Friday just gone and I didn’t get anything they think I am ok to work when I am in chronic pain 24/7 in my hip and neck, I phoned up Friday once that come through and did a mandatory reconsideration and hopefully I will get it the LWCRA 
  • poppy123456poppy123456 Posts: 17,702Community champion Disability Gamechanger
    edited February 19
    dave2611 said:
    Do you have any idea who I would contact to raise my point about this matter with the two, would it be uc I'm on now was or housing benefit I should I should raise my issue with? Thank you 

    It would be your case manager (UC) but for ending your UC claim and going back onto ESA as the screenshot states then you'll need expert face to face advice.

    May i ask if anyone claims carers allowance or the carers element of UC for looking after you? Do you still live alone?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • dave2611dave2611 Posts: 23Member Connected
    Hi thanks for you'e reply and no no one does claim carers for me and I do live alone in supported accomadation which means my housing benefit includes sdp in it which I confirmed today when I rang the housing. Ive also rang up esa who say I'm on aloud back in the legacy benefit now after claiming uc but I've also read online that I'm entitled to close my uc claim and go back onto my legacy benefit because the sdp is now present in my hb claim since being released and placed in supported accomadation.
  • dave2611dave2611 Posts: 23Member Connected
  • poppy123456poppy123456 Posts: 17,702Community champion Disability Gamechanger
    dave2611 said:
    Ive also rang up esa who say I'm on aloud back in the legacy benefit now after claiming uc but I've also read online that I'm entitled to close my uc claim and go back onto my legacy benefit because the sdp is now present in my hb claim since being released and placed in supported accomadation.

    Sorry, didn't quite understand that as there's a typo in there. If you meant that DWP have told you that you can't go back onto legacy ESA then as i previously advised you'll need to get some face to face advice regarding this. This link will tell you what's local to you for advice. https://advicelocal.uk/

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • dave2611dave2611 Posts: 23Member Connected
    Yeah thats what I ment and thank you I'm waiting for a phone call off citizen advice to arrange an appointment. Thanks
  • avakarlssonavakarlsson Posts: 220Member Courageous
    Hopefully it will get sorted and won’t take too long for everything to be sorted out. 
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