Wanting to start work but worried about losing LCWRA

oopsiedoopsie

Hello all, it's been several years since I finally received a ruling from the tribunal that I was to be treated as LCWRA.  I was struggling with depression coupled with autism.  They awarded me 21 points in total for LCW but also said that I was LCWRA because "if he were found capable of work related activities, this would result in a substantial risk of a deterioration in his mental health".

Now, I've been wanting to try starting work but I'm worried that I will lose this safety net and then find that I'm not actually able to cope with working.

I don't really know how it works, do I get reassessed if I start work?  Do I have to go through the whole process again?  It took about 2 years to get all the way to the tribunal decision before.  I really don't want to have to go through that again.

poppy12345

You will not automatically be reviewed if you start working. You do need to be careful that if the work you do contradicts the reasons why you were found to have LCWRA then it could go against you at your next review. 

If you do start work you must report the changes and tell them.

oopsiedoopsie

So ideally I would want to try working with a good gap before a review then so I can see how I do.  I've no idea when I'm supposed to have a review though.  The tribunal decision was in June 2019 and I've not heard anything about a review in that time.

poppy12345

Reviews for the those that have LCWRA have mostly been suspended since the pandemic. At the moment as far as I'm aware they are only reviewing those that have LCW. Even in normal times you wouldn't know exactly when your receive would be. 

TimeLord1

I have seen people do voluntary hours for charities only to see this activity go against them, even just 16hrs a week can create future assessment issues, your intentions may be good but it can backfire, also to remove existing decisions and safety nets if your health should decline. Those who I knew also attended job centres occasionally to see how they were managing.  

Muttleythefrog

Yes I would be cautious.... because if you do succeed with the work then it might imply there is no substantial risk to your health if you engage work related activities as you're holding down a job successfully.

I'm trying to think in the context of benefit rule changes and political changes. This government seems to have set out policy that means those with LCWRA may never face another reassessment again as they focus on WCAs for those making new claims (ESA,U-C) or changing health/disability circumstances while phasing the WCA out. However they they are making changes to the WCA criteria (to reduce the number of claimants eligible/align more with PIP criteria) and they could well focus on those with awards which are affected by increasing the difficulty of the WCA in some respects. One of those respects is the reason you get LCWRA currently (the government have made clear they dislike the large numbers of people being considered to meet substantial risk special descriptor and who they think can work such as from home)... and I would be inclined to bear this in mind. We do not know what the next government will do but they may well continue with similar benefit rule changes and eliminate the WCA in favour of using PIP as a sole assessment.

It's tragic in a sense that I sit here telling a disabled person that working could carry risk to benefit entitlement as it may imply they're not disabled as described but also you should consider the health risks (which clearly others feel can apply) and perhaps with consultation of those suitably qualified like GP.

As advised... starting working won't trigger a reassessment.. but of course they can carry such out at any time but are facing pressures of lacking resources.

Bigwheels1111

It’s a very sad state that disabled people, physically and non physically are better off not working.
You are likely to be punished in the future ie reassessed and removed from the group.
Catch 22, you are dammed if you do and dammed if you don’t.

Two people I know.
One is autistic, can’t leave the house, anxiety, doesn’t interact and is obsessive.
He gets PiP, loves computers and got a job doing web pages I think it is.
As he walks from his bed room to the next room to start work, all work, feedback, communication is via email.
He keeps his PiP, because his underlying condition has not changed.

The other is wheelchair bound due to issues with the spine, arthritis in most joints basically, lots of pain and heavy meds.
Would like to get back to work, answer phones and plan job routes for a dispatch company from home and even possible to do from the bed.
Old firm they worked for is desperate for their experience and is bending over backwards to help.
They are terrified that it would cause PiP and ESA support group to stop.
Asked both if said job would be allowed or not, or benefit stopped.
Neither PiP or ESA were helpful, we don’t know was the basic answer.
As they get by ok on both benefits they are not going back to a job, not worth the risk.
Took 3 years and two tribunals to get in place, too much to give up.

Spoonie_Turtle

Bigwheels1111 said:

The other is wheelchair bound due to issues with the spine, arthritis in most joints basically, lots of pain and heavy meds.
Would like to get back to work, answer phones and plan job routes for a dispatch company from home and even possible to do from the bed.
Old firm they worked for is desperate for their experience and is bending over backwards to help.
They are terrified that it would cause PiP and ESA support group to stop.
Asked both if said job would be allowed or not, or benefit stopped.
Neither PiP or ESA were helpful, we don’t know was the basic answer.
As they get by ok on both benefits they are not going back to a job, not worth the risk.
Took 3 years and two tribunals to get in place, too much to give up.

Asking the DWP call centres is always pointless.  Good job in this case they only gave useless information and not incorrect, actively harmful information.


PIP would not be affected.

Income-related ESA may be affected by earnings*, but any contributions-based or New Style ESA would not be affected unless they work or earn above the permitted work thresholds.  (Extremely unlikely it would contradict the reasons they're in the Support Group, from what you've said.)

*other members will know for sure

huckster

It appears to me that the best course of action would be to find out about local support organisations ( Job Centre and/or local Council Authority may have details).  These support organisations offer services to help people take steps to improve qualify of life including finding employment or volunteering opportunities. 

The benefit of using a support service is that they can help with obtaining a support worker, they may know local companies that are better with employing those with disabilities and in the event difficulties being experienced, they can help ensure relevant support is provided.  
 
In addition to the above, when it is time for the work capability assessment, the support worker/service may help provide any evidence about the difficulties they witnessed or challenges that may still exist in regard to disability. 

Access to Work: get support if you have a disability or health condition: What Access to Work is - GOV.UK (www.gov.uk)