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Migrated from ESA Support Group to Universal Credit LCWRA

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1 year 6 months ago #281251 by NoOneIsListening
Hello. I am my son's appointee and also Attorney for Property, Finance, Health and Welfare. UC have informed me that my son is to be referred for a Work Capability Assessment. My son has autism, moderate learning difficulties and a complex cluster of medical conditions. These are lifelong disabilities.
When my son accepted his current job with Sainsbury, he migrated from Employment and Support Allowance (Support Group) with the LCWRA element as he was and is deemed to have limited capability for work. He could not remain on ESA because the Sainsbury job was working for 16 hours a week and was just over the threshold for him remaining on ESA. Our son has a strong work ethic and has tried his best, with support from me and others, to be gainfully employed, albeit in a limited capacity.
In 2021/2022, he was referred by our GP for a neuropsychological assessment in order to get up to date information about cognitive skills, mood, attention, working memory, processing speed, visuospatial/perceptual, language and memory as well as assessing his executive function. The 13 page report concludes, among other things: “due to his complex neurodevelopmental history, his cognitive abilities have been demonstrated to be significantly lower than those of a similar age across attention, processing speed and specific executive functions such as planning and organising”.
Also his latest DLA letter states that his middle rate care and lower rate mobility is awarded from "12/10/2001 indefinitely".
I have asked UC whether it is absolutely necessary for my son to have to go through the process of describing yet again, how his complex needs affect him and I would also ask that, regarding an actual face to face assessment, what experience and, more important, understanding, the assessor might have of autism or, more specifically, my son's higher functioning autism and how his difficulties impact on his ability to manage his medical conditions. I will of course plough through your extensive guide and make preparation for a WCA as I doubt they will reconsider. Is there anything you can add to help. The company carrying out the assessment is is "Health Assessment Advisory Service" Thank you.

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1 year 6 months ago #281271 by Gary
Hi NoOneIsListening

Thank you for your post, it does raise quite a few issues which I will try and go through.

You state that your son is working and in receipt of DLA, your son will at some stage be re-assessed for PIP even though he has an indefinite DLA award.

Quite a number of DLA claimants who apply for PIP are turned down, DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.

PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

LCWRA is an indefinite award with scheduled reassessment based on the Prognosis Date completed by the assessor in their report, so his existing LCWRA award continues in payment until a new Decision is made. If you kept a copy of his previous ESA50 claim use that as a template to complete the new form.

As you rightly pointed out UC is more generous for working claimants placed in either the LCW/LCWRA group as they are entitled to a work allowance, this will reduce their income by £379 before taking the earnings taper into a/c.

Use our guides to help you through the forms; help-for-claimants/esa1

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 6 months ago #281330 by NoOneIsListening
Replied by NoOneIsListening on topic Migrated from ESA Support Group to Universal Credit LCWRA
Thank you for reply. You say "based on the Prognosis Date completed by the assessor in their report, so his existing LCWRA award continues in payment until a new Decision is made.". What is a Prognosis Date and how would I know about it? My son has autism, moderate learning difficulties, a rare pituitary disease and Type 1 diabetes. These are lifelong conditions and for ESA our GP confirmed that he is not going to "get better" and is more likely to see his health deteriorate. I have kept a copy of the ESA responses and also in 2021/2022 he underwent an extensive neuropsychological assessment which I will of course submit as part of medical evidence. And will ask our GP to write a new letter. I have asked UC why they want him to have a WCA now as there has been no change in circumstances or in his contractual hours. I am sure you are familiar with people like my son who do not fit the system. My son's "status" in the system is more about him not having to participate in work related activity or increase his hours than it is about the money. Thank you for all that you do. One last thing, is the guide dated November 2022, the very latest for UC50 form? Many thanks.

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1 year 6 months ago #281384 by Gary
Hi NoOneIsListening

The prognosis date is usually on the assessors report called a ESA85/UC85.

The latest fully comprehensive guide to the assessment procedure on physical, mental health and learning difficulties grounds for employment & support allowance and universal credit is November 2022.

Gary

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1 year 6 months ago #281431 by tip
if i can ask a question on this thread for Gary reguards prognosis date, my esa85 says "i advise work unlikely in 2 years"
can you explain what this means please in your vast experience.

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1 year 6 months ago #281443 by Gary
Hi tip

When you have an assessment the assessor will usually write on their report (UC85) a date when in thie opinion you should be reassessed, not all UC85 reports have this date on them in which case contact the DWP office dealing with your claim, the reassessment date will be recorded on your computer record.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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