Got awarded LCW. Need help

Clairee123

I had the work assessment last month and got awarded lcw today.
I have severe social anxiety and dont leave my house and someone mentioned to me i could get lcwra. Would i be entitled to this?
I have a job centre appointment next week but requested them to come to my house to do it as they did a home appointment for the original assessment.

calcotti

If you disagree with the result of the assessment you need to request a Mandatory Reconsideration of the decision. See https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/challenging-a-benefit-or-tax-credit-decision-asking-for-a-reconsideration/

The JobCentre appointment has nothing to do with the assessment and having been found not to have [STRIKE]LCW[/STRIKE] LCWRA it seems unlikely that DWP will come to your house instead of you going to JobCentre. Be aware that if you do not attend the appointment you may be sanctioned.

Clairee123

I have been awarded LCW though?
My partner phoned up and asked for them to reconsider and she said since i got awarded LCW i cant ask them to reconsider to get lcwra?

Spoonie_Turtle

Clairee123 wrote: »

I have been awarded LCW though?
My partner phoned up and asked for them to reconsider and she said since i got awarded LCW i cant ask them to reconsider to get lcwra?

Nonsense. If you disagree with the decision of the work capability assessment (i.e., to award you LCW and you think it should have been LCWRA) you can request a mandatory reconsideration.

It's probably best to do it in writing though; you can detail the reasons why you think you meet the criteria for LCWRA and you'll have proof of requesting it too - take a screenshot if you do it through your online journal, or if you do it on paper make sure you keep a copy and get proof of postage when you send it.

https://wcainfo.net/ has the descriptors and information. You'll need ideally to be specific about which LCWRA descriptor(s) you meet, or if there would be a substantial risk to your health if you were made to engage in work-related activity https://wcainfo.net/issues/substantial-risk-lcwra

calcotti

Clairee123 wrote: »

I have been awarded LCW though?
My partner phoned up and asked for them to reconsider and she said since i got awarded LCW i cant ask them to reconsider to get lcwra?

Apologies, typing error. I have corrected my previous post.

You most definitely can challenge the decision and, as per my previous post, if you wish to do so you must request a Mandatory Reconsideration. This should be done within a month of the decision.

Clairee123

Thanks for your reply.
I did write in my journal. Quite a long message explaining that they overlooked how severe my anxiety is and that i wouldnt be able to attend the job centre appointments or work related activity and my work coach responded saying i had to phone them asking for the reconsideration.
Thats when my partner phoned and she said because ive been awarded LCW, thats it. Theres nothing they would look at again.

calcotti

Clairee123 wrote: »

Thanks for your reply.
I did write in my journal. Quite a long message explaining that they overlooked how severe my anxiety is and that i wouldnt be able to attend the job centre appointments or work related activity and my work coach responded saying i had to phone them asking for the reconsideration.
Thats when my partner phoned and she said because ive been awarded LCW, thats it. Theres nothing they would look at again.

That is wrong. You need to state explicitly that you want a Mandatory Reconsideration of the decision. I suggest that at the same time you repeat all of the information you have already provided. As spoonie says, if you do it through your journal takes screenshot so that you have a record even if it gets lost on the journal.

In most cases the decision is not revised at this stage but you can then appeal to the tribunal service where decisions are often changed - but there are very long waits.

Government guidance is here https://www.gov.uk/mandatory-reconsideration. You will see that the guidance says you can do this through your journal, by phone or by writing.

If you are told again that you cannot do this involve your MP.

Clairee123

Okay thank you.
Im not sure if you’d know what option i should tick when adding a note in my journal? Theres different options. I ticked send a message to my work coach but she had obviously said to just phone them.
The options are: a payment, a change, an appointment, job applications, add a work search note or service issues.
Sorry for all the questions, i just want to have written proof ive asked them for the reconsideration.

calcotti

Unfortunately I don't know my way around the UC journal so I don't know which option is best. My instinct would be to go for 'a change' if that allows you to enter narrative text.

Clairee123

No problem. Thank you so much for your help.

tomtom256

Raise it as a service issue, however your WC should have raised the correct to-do for an MR and completed it with you either face to face or via a telephone appointment.