- Posts: 6
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Applying for Universal Credit query about medical evidence and LCWRA
× Members
Applying for Universal Credit query about medical evidence and LCWRA
- janerg63
- Topic Author
- Offline
Less More
5 days 19 hours ago #295965 by janerg63
Replied by janerg63 on topic Applying for Universal Credit query about medical evidence and LCWRA
Hi Gary, I hope it is ok to get in touch for some further advice about the UC application process. I am really worried and overwhelmed about applying for UC and, due to my savings getting to the means tested threshold, will be applying soon. Apologies to be asking for more detail on this if it is covered elsewhere but my anxiety is so bad I am struggling to concentrate. I will be seeing my psychiatrist next week and he has offered to do fit notes also, in the past, he has documented he does not believe I will ever be fit to work, for my PIP application, but as this will be my first fit note I require from him, due to being financially ineligible for means tested benefits for some years, I think the initial fit note can only be dated for a relatively short period of time could you please advise? Due to me having suicidal thoughts and urges, which are exacerbated by stress, my psychiatrist and psychiatric nurse were very helpful with medical evidence for PIP when I applied but I find it so hard knowing what evidence is best to provide when and don’t see my psychiatrist often so really want to be prepared to request the best information possible when I see him next week. I did get evidence about overwhelming emotional distress for my PIP application and you mentioned emotional distress in your previous response. Would it be appropriate for me to provide information (and written evidence if possible) about overwhelming emotional distress and the psychiatrists view I will never be fit to work when I fill in the initial UC online form? If it isn’t advisable/ possible to provide this information when initially applying online then is this something I could provide when I see the work coach for the initial appointment? Welfare rights advised me, by email, yesterday that despite having fit notes that, whilst I await an assessment, I will ‘be in the All Work Group for UC which means they will expect you to look for work’ but that I can discuss this with my work coach. I feel extremely worried about this and want to ensure I make them aware of my health problems and limitations at the earliest appropriate time. Any advice in the best way to provide the most relevant health information and evidence and timing to try to reduce my stress and help me put a case for being in the LCWRA group, which I really hope will be the eventual outcome, would be really appreciated as the worry is really taking it’s toll on me. Thank you very much in advance for your help, Jane
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8140
5 days 12 hours ago #295992 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Applying for Universal Credit query about medical evidence and LCWRA
Hi janerg63
Thank you for your post, I will try and put your mind at ease.
Applying for UC is usually done online, if you are computer literate then I am told it is a very easy and straightforward application. Once you apply for UC you need to keep your eye on your 'to do list' tab, in the to do list tab your work coach will send you information that they want you to carry out such as book an appointment to see your workcoach.
When you see your workcoach, give them your fit note, this starts the assessment phase.
At the appointment your workcoach will ask you to sign a claimant commitment.
The conditions for claiming Universal Credit are set out in a "claimant commitment" that most people will have to accept at the beginning of their claim. If you are part of a couple, you will each have a separate claimant commitment that may be different from each other's.
People who may not need to accept a commitment include those who lack capacity, those who have exceptional circumstances where it would be unreasonable to expect them to agree a commitment (this is decided by the work coach on a case by case basis), or, From 15 February 2022 people with a terminal illness and less than 6 months to live were also excluded, and from 4 April 2023 this was extended to 12 months. There are 4 conditionality groups:
* Group 1. No work related requirements
* Group 2. Work-focused interview requirement
* Group 3. Work preparation requirement
* Group 4. All work-related requirements
www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit
You will not be placed in the LCWRA group straight away, you will be sent a Work Capability Assessment form to complete once you have handed in a fit note.
There are two parts to the work capability assessment :-
The first part looks at whether you have 'limited capability for work' (LCW)
The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)
1) Limited Capability for Work
Assessment to help determine benefit entitlement based on the extent to which a claimant’s health condition or disability affects their capability for work
2) Limited Capability for Work-Related Activity
Assessment to help determine whether the claimant can be placed in the Support Group because the effect of their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.
You will be found to have limited capability for work and work-related activity if:
* at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
* your capability for work and work-related activity is limited; and
* it is not reasonable for you to carry out the activity.
To be assessed as having a limited capability for work, you need to score 15 points or more. Add together the highest score from each activity that applies to you.
The following criterion can only be considered once it has been determined that the claimant has not scored fifteen or more points against the schedule 2 descriptors (limited capability for work), and/or they have not scored against one or more of the schedule 3 descriptors (limited capability for work and work-related activity).
* if, because of a specific health condition or disability, the physical or mental health of the claimant or anybody else would be at risk if they were not found to have limited capability for work-related activity
In order to qualify for the Support/LCWRA Group you need to;
* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.
The Support/LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.
We would advise you to seek help from your local Welfare Rights Organisation when completing WCA form; advicelocal.uk
Gary
Thank you for your post, I will try and put your mind at ease.
Applying for UC is usually done online, if you are computer literate then I am told it is a very easy and straightforward application. Once you apply for UC you need to keep your eye on your 'to do list' tab, in the to do list tab your work coach will send you information that they want you to carry out such as book an appointment to see your workcoach.
When you see your workcoach, give them your fit note, this starts the assessment phase.
At the appointment your workcoach will ask you to sign a claimant commitment.
The conditions for claiming Universal Credit are set out in a "claimant commitment" that most people will have to accept at the beginning of their claim. If you are part of a couple, you will each have a separate claimant commitment that may be different from each other's.
People who may not need to accept a commitment include those who lack capacity, those who have exceptional circumstances where it would be unreasonable to expect them to agree a commitment (this is decided by the work coach on a case by case basis), or, From 15 February 2022 people with a terminal illness and less than 6 months to live were also excluded, and from 4 April 2023 this was extended to 12 months. There are 4 conditionality groups:
* Group 1. No work related requirements
* Group 2. Work-focused interview requirement
* Group 3. Work preparation requirement
* Group 4. All work-related requirements
www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit
You will not be placed in the LCWRA group straight away, you will be sent a Work Capability Assessment form to complete once you have handed in a fit note.
There are two parts to the work capability assessment :-
The first part looks at whether you have 'limited capability for work' (LCW)
The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)
1) Limited Capability for Work
Assessment to help determine benefit entitlement based on the extent to which a claimant’s health condition or disability affects their capability for work
2) Limited Capability for Work-Related Activity
Assessment to help determine whether the claimant can be placed in the Support Group because the effect of their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.
You will be found to have limited capability for work and work-related activity if:
* at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
* your capability for work and work-related activity is limited; and
* it is not reasonable for you to carry out the activity.
To be assessed as having a limited capability for work, you need to score 15 points or more. Add together the highest score from each activity that applies to you.
The following criterion can only be considered once it has been determined that the claimant has not scored fifteen or more points against the schedule 2 descriptors (limited capability for work), and/or they have not scored against one or more of the schedule 3 descriptors (limited capability for work and work-related activity).
* if, because of a specific health condition or disability, the physical or mental health of the claimant or anybody else would be at risk if they were not found to have limited capability for work-related activity
In order to qualify for the Support/LCWRA Group you need to;
* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.
The Support/LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.
We would advise you to seek help from your local Welfare Rights Organisation when completing WCA form; advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: janerg63
Please Log in or Create an account to join the conversation.
- janerg63
- Topic Author
- Offline
Less More
- Posts: 6
3 days 21 hours ago #296073 by janerg63
Replied by janerg63 on topic Applying for Universal Credit query about medical evidence and LCWRA
Hi Gary, many thanks for your detailed response it is really appreciated as I have been so worried about the process. If I understand correctly I will be able to fill in some health information when filling in the UC online form but, it seems from what you are saying but please correct me if I am wrong, I would not attach medical evidence then. Hopefully it is appropriate to bring some medical evidence when I see the work coach and provide a sick note? I will ask my psychiatrist if he can provide medical information about my mental health and limitations in preparation for the work coach appointment if that might help. I am hoping that information from my psychiatrist would be taken into account when the work coach decides what it is necessary for me to do for my claimant commitment. I really don’t want to be asked to commit to things which will put my mental health at risk.
Another thing which occurred to me is that I have been receiving national insurance credits since 25/10/2008 as I put in a claim for incapacity benefit then. I wasn’t entitled to incapacity benefits as I had not been working (I got income support) but the NI credits have continued when I became ineligible for means tested benefits to present and I have not required sick notes for the NI credits. I don’t know if me receiving NI credits since 2008 will in impact on my application for UC or serve in any way to help them understand how long my mental health difficulties have impacted on me. If you could offer any advice on that I would really appreciate it - things feel so complicated and overwhelming to me. Thank you so much for your help, patience and understanding at this very stressful time I am really grateful, Jane
Another thing which occurred to me is that I have been receiving national insurance credits since 25/10/2008 as I put in a claim for incapacity benefit then. I wasn’t entitled to incapacity benefits as I had not been working (I got income support) but the NI credits have continued when I became ineligible for means tested benefits to present and I have not required sick notes for the NI credits. I don’t know if me receiving NI credits since 2008 will in impact on my application for UC or serve in any way to help them understand how long my mental health difficulties have impacted on me. If you could offer any advice on that I would really appreciate it - things feel so complicated and overwhelming to me. Thank you so much for your help, patience and understanding at this very stressful time I am really grateful, Jane
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8140
3 days 13 hours ago #296092 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Applying for Universal Credit query about medical evidence and LCWRA
Hi Janerg63
If you are computer literate then the process is quite straight forward you just have to follow the instructionson the screen.
As you were on Income Support then you would not have been in the support group, therefore when you apply for UC you have to start at the assessment phase once you give your workcoach a "fit note", I would also put a note on your journal that you have given your workcoach a fit note, that then gives you an electronic foot print.
When you apply for UC online, it does not ask you any health questions, your workcoach should before getting you to sign a Claimant Commitment.
As for your NI credits, it would depend what type of credits you have been awarded.
Gary
If you are computer literate then the process is quite straight forward you just have to follow the instructionson the screen.
As you were on Income Support then you would not have been in the support group, therefore when you apply for UC you have to start at the assessment phase once you give your workcoach a "fit note", I would also put a note on your journal that you have given your workcoach a fit note, that then gives you an electronic foot print.
When you apply for UC online, it does not ask you any health questions, your workcoach should before getting you to sign a Claimant Commitment.
As for your NI credits, it would depend what type of credits you have been awarded.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: janerg63
Please Log in or Create an account to join the conversation.
- janerg63
- Topic Author
- Offline
Less More
- Posts: 6
2 days 23 hours ago #296105 by janerg63
Replied by janerg63 on topic Applying for Universal Credit query about medical evidence and LCWRA
Thank you Gary,
I really appreciate your responses and will take all your advice on board. I am hopeful that the forum responses and all the excellent resources on the site will help make the process less stressful for me.
Kind regards,
Jane
I really appreciate your responses and will take all your advice on board. I am hopeful that the forum responses and all the excellent resources on the site will help make the process less stressful for me.
Kind regards,
Jane
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David