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Awarded LWC but...

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24

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  • SuzieM
    SuzieM Posts: 16 Forumite
    10 Posts
    I added another health condition to my journal. When I appealed, I explained how this condition affects me as well as my other existing health condition.
  • I'm not an expert or even experienced in this area, but adding another condition sounds to me like something that would trigger a reassessment. If it makes things harder for you, might there be a chance of being awarded LCWRA this time around?

    The appeal result was based on how you were however long ago you originally were assessed - although if you were having symptoms of the extra condition back then even if you weren't yet diagnosed at that point, you could argue that things are still the same for you now and the only difference is you just didn't know the cause of this set of symptoms at the time.

    Hopefully it'll be sorted either way before your assessment date so that if you still have to go you'll know why :)
  • poppy12345
    poppy12345 Posts: 18,879 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    SuzieM wrote: »
    I added another health condition to my journal. When I appealed, I explained how this condition affects me as well as my other existing health condition.
    That will be why you've been sent another appointment and why you've continued to send in fit notes. Even though you explained how that condition affected you to the Tribunal, it would not have been taken into consideration. After you added that to your journal, did you receive another work capability assessment form?


    The LCW decision by the Tribunal means you won't receive any extra money and the timescales given by them is nothing more than a guide.



    As advised above, do you think you think that you may now qualify for LCWRA? See link. https://www.turn2us.org.uk/Your-Situation/Ill-Injured-or-Disabled/Universal-Credit-Capability-for-work-assessment


    Substantial risk (reg 35) even though it says Support Group, LCWRA is exactly the same.

    https://cpag.org.uk/welfare-rights/resources/article/making-exception
  • SuzieM
    SuzieM Posts: 16 Forumite
    10 Posts
    Yes, this sounds right Poppy. I have two physical ailments now which I am struggling with. My appointment is for 08.50 so there is no way I’d make it as it’s also 15 miles from where I live. I’m going to ask for a home visit. Thank you for your advice.
  • poppy12345
    poppy12345 Posts: 18,879 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    SuzieM wrote: »
    Yes, this sounds right Poppy. I have two physical ailments now which I am struggling with. My appointment is for 08.50 so there is no way I’d make it as it’s also 15 miles from where I live. I’m going to ask for a home visit. Thank you for your advice.
    Do be aware that you can only cancel an appointment once and they may ask for a letter from your GP for a home assessment and even then there's no guarantee you'll be given the home assessment.
  • SuzieM
    SuzieM Posts: 16 Forumite
    10 Posts
    I wasn’t aware of this. They cancelled two appointments, one the day before and the other whilst been driven to the appointment! Is this the norm?
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 29 December 2019 at 9:58AM
    SuzieM wrote: »
    Hucker, this is what I am going to do and hope it’s resolved and I don’t have to go for another WCA. At the end of the letter it states I have this award for 24 months.

    The tribunal can only give a recommendation on the length of the award, it is not binding on the DWP.

    Be aware that this recommendation is from the date of the overturned DWP decision, not Dec 2019.

    PS. Do read carefully poppy's post @ 14
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • poppy12345
    poppy12345 Posts: 18,879 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    SuzieM wrote: »
    I wasn’t aware of this. They cancelled two appointments, one the day before and the other whilst been driven to the appointment! Is this the norm?
    That shouldn't count, it only counts if you cancel it.
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 29 December 2019 at 10:25AM
    SuzieM wrote: »
    I added another health condition to my journal. When I appealed, I explained how this condition affects me as well as my other existing health condition.

    You do need to be very careful about advising the DWP of this type of change. As ST has suggested it can trigger a new assessment.

    I would suggest that unless it materially affects the group who have been placed in and eligibility for the current benefit, that you consider very carefully doing this in future.

    OP - per my earlier question. Did you complete a UC50 form with details of your new condition and how it affects you?

    Again, I repeat I think you have to be prepared to attend a WCA. It is likely the assessment will be of a consequence of your new condition.
    Try to ring up and get a more convenient time. Be aware that you can get travel costs (taxi) pre-authorised.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • huckster
    huckster Posts: 5,279 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Several points.

    Home visits are very rare. Normally only where the claimant is unable to attend any local assessment centre due to severe health/disabilities.

    Before you attend any new assessment, be aware that although you think you may have new and/or worsening health conditions, the new assessment may find you fit for work. You may not even receive the LCW award that the tribunal advised. And you may then be in for another battle with DWP.

    I would suggest that go to the Job Centre and provide the tribunal letter. Ask that this is uploaded to your claim and that the case manager notes your LCW award. Also that the Case Manager contacts the assessment company to put the new assessment on hold. They can cancel the appointment on 3/1/20 and leave the referral open. This will then allow you time to get further advice about your health and whether you might qualify for LCWRA, therefore making it worthwhile trying with a new assessment.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
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