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LCWRA- are descriptors automatic acceptance

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4 years 6 months ago #238193 by John
I’m a bit confused, I have been awarded LCW for the next 18 months even though I am working full time however I explained to the decision makers at my mandatory reconsideration that my WCA assessment was about the last two years- I was declined LCWRA even though a letter from my GP states I was. Incontinent twice weekly and my carer has to change and wash me. Shouldn’t this descriptor be automatic LCWRA or am I missing something
Kind regards

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4 years 6 months ago #238202 by Gordon
Replied by Gordon on topic LCWRA- are descriptors automatic acceptance
John

Have you got the assessment report? This will explain how your GP letter was treated.

If not, contact the DWP office dealing with your claim and ask for a copy of the ESA85 if you had a face to face or ESA85A if you did not.

Gordon

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

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4 years 6 months ago #238205 by John
Hello ,
Yes but the Health care professional did not see it but it was sent to the decision maker as extra evidence for a mandatory reconsideration- the health care professional recorded I had no issues with incontinence - they would only focus on one or two of my conditions. The Decision maker for the mandatory reconsideration did mention the incontinence but said he did not know if it could be controlled by aids. He also mentioned that as I am currently working there is no way I am LCWRA however the assessment wasn’t about now but years 2017- 2018- the Gp letter stated I had regular incotinence over that time and needed to be.changed/ washed at least twice a week.
Thanks

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4 years 6 months ago #238206 by Gordon
Replied by Gordon on topic LCWRA- are descriptors automatic acceptance
John

The assessment is not about how you were during 2017 and 2018 it is about how you are now and how you are currently limited. Information from previous years may go towards confirming that you have your current problems but they are not looking at how you were.

Gordon

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

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4 years 6 months ago #238208 by John
That’s interesting to know, I had originally told when I started the claim in 2017 that I did not have to supply fit notes, it took nearly 2 years for the DWP to redress that and say I should have been given in sick notes and been referred for a WCA. At this point I asked my MP to intervene as I knew it would be difficult for them to understand that I should have had the assessment 2 years before for the conditions I had then. I made it clear on the medical forms that these were the dates I needed assessed within. Can I confirm you are saying if UC made mistakes arranging an assessment when it should have been I have no recourse to that period. My gp backdated fit notes for two years. Since that time my health has improved.
Kind regards
John

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4 years 6 months ago #238210 by Gordon
Replied by Gordon on topic LCWRA- are descriptors automatic acceptance
John

I'm afraid not they can only consider how you are now.

Gordon

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

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