Limited capability for work

deebronny

Hi, I'm just after a little advice on the dwps decision to grant me just the limited capability of work but not for work related activities (which I believe is the wrong decision)
I'm wondering Do I get the extra £126.11 for this each month? My first sick note was in August 2019.
Also, am I expected to do the work related activities If I have 2 children aged 2 and 3 and I'm currently pregnant with my third when my work coach told me I would only have to have a phone call with her every 3-6 months? 
I dont understand why they make everything so complicated. 
Thanks for any advice on this

janer1967

Hi Unfortunately you do not get any extra payment unless awarded the LCWRA and yes you will be required to do work related activities which you need to speak to your work coach about now a decision is made. You can appeal the decision if you feel it is incorrect but the appeal could take a while in excess of 12 months if it goes to tribunal. I'm not sure either speak to your work coach but you will not be expected to work of look for work during the maternity leave period. Im sure other members will have more detailed advise  

poppy123456

Hi,

Unfortunately, you won't receive the extra money each month because your claim for LCW started after April 2017. You should be placed into the the work preparation group and not expected to look for work but to prepare for work in the future, even with 2 small children. For the pregnancy and work preparation is will depend how many months you are.

If your work coach is expecting more than just the phone calls every 3-6 months then you can request a different work coach and hopefully the next one will be more understanding.

If you disagree with the decision that's been made on your work capability assessment then you have 1 month from the date of the decision to request the Mandatory Reconsideration.

Edited to add, sorry @janer1967 i didn't see your response until after i posted.

deebronny

Oh ok, thanks for responding so quickly. I havent recieved an actual paper letter with the full details of this yet in order to do the mandatory reconsideration as it doesn't state on the journal note how to do this. Also, I am currently awaiting a tribunal date for my eldest childs DLA claim as he is currently in the process of being assessed for autism. I honestly just dont know how I'm expected to go to work related activities when I have 2 almost 3 children under the age of 5, one of which has a lot of extra care needs and I myself am in receipt of P.I.P. sorry for rambling but it feels as though I'm being punished for having a young family

janer1967

You are not being punished . Like I said speak to your work coach before you panic too much as they will discuss what your work commitments will be and could possibly be like before just phone calls make sure they are aware of your situation . 

poppy123456

As you're receiving UC then you won't receive a paper decision, it's always just uploaded onto your journal. To request the MR you'll need to do this on your journal and explain why you think you should have been given LCWRA. It should have appeal information on your journal letter.

Unfortunately, your PIP award doesn't automatically entitle you to LCWRA.

For the work focused interviews they are not asking you to look for work. Are your only activities a phone call every 3-6 months? If so then that sounds reasonable to me, unless of course you're heavily pregnant then this would be different.

deebronny

So if I write on my journal that I want an M/R due to my ongoing health problems and investigations being carried out to try and tackle this (some of which are having to be postponed due to pregnancy) then they should do this? I'm almost 30 weeks pregnant now, I dont mind the phone calls as it's better than having to go into the office every week with my children, what I'm frustrated about is i am clearly unable to work right now and because its 2020 and not 2017 I'm not entitled to anything extra on my claim. I'm not a greedy person but as I said I have a child with additional needs and until his DLA (hopefully) gets granted, I'm having to replace so many items on a daily basis, including clothing and essential equipment like his pram, sensory things, bed etc..

poppy123456

Yes that's what you need to do for the MR. You'll need to make sure you put the reasons why you think you should have been given LCWRA and you can see the descriptors for this here. https://www.turn2us.org.uk/Your-Situation/Ill-Injured-or-Disabled/Universal-Credit-Capability-for-work-assessment

 

Do be aware that it's not about a diagnosis.

Once a decision's been made on your son's DLA claim then you'll be entitled to the carers element of UC. Do be aware also that this won't be back dated unless you reported that you're caring for your son and you'll need to do this on your journal.

If your UC is a single person claim and you're awarded LCWRA in the future then you won't be able to receive the LCWRA element and the carers element at the same time. The higher amount will be paid, which will be £336. If you have a joint claim with a partner then of course both elements can be received because your partner will be able to claim the carers element.

For your son, you can refer him for a needs assessment from your local council. See link. https://www.nhs.uk/conditions/social-care-and-support-guide/help-from-social-services-and-charities/getting-a-needs-assessment/

deebronny

When writing the M/R into my journal do I leave as a message for my work coach? 

poppy123456

Yes write it on your journal but make sure you use the words "Mandatory Reconsideration" so they know exactly what you're asking. I'd also advise you to take a screenshot just incase.

deebronny

Sorry to be a pain, I really appreciate all the advice you have given me so far but I do have another question about the M/R. The date on the work capability assessment determination is the 08/02/2020 and this came in after my statement and first payment in February, what I want to know is do I ask for a M/R in march after the statement is generated or do it do it now before March's statement has been generated? It's all very confusing because of each month being an assessment period in it's own right 

poppy123456

It needs to be requested within 1 month of the date the decision was made.

deebronny

Thank you so much for all your help...honestly would be lost right now had I not found this community group

poppy123456

You're very welcome. Good luck with the MR/Tribunal for the WCA and for your son's DLA. Good luck too for the birth of your new baby!