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UC LCW Without Work Related Activity element?

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5 years 10 months ago #233532 by Gigore
Hello, after failing my WCA in march this year, i have recently had my UC Reconsideration Request revised which states the following...

"I have considered descriptor 9 – Controlling your bowels and
bladder The HCP had awarded you 0 points for this. I disagree with the
decision maker and I have awarded you 15 points.
This is because you have mentioned periods of soiling yourself
whilst vomiting and this happens more than once a month.
My revised decision is awarding you Limited Capability for Work
with a 12 month prognosis and you are not entitled to the Limited
Capability for Work related activity element of Universal Credit.
"...

I believe the DWP decision to grant me LCW was due to the guides you supplied which helped me to formulate my response. This said, albeit i have been granted LCW, i disagree with the decision to stop the "Work related Activity Element " of UC payments, and would like some advice as to how best argue this issue within my appeal to the tribunal. This, as before being forced onto UC i had been awarded the LCWA element while on ESA and need the extra payment to support my bad health. Thanks...

Lex

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5 years 10 months ago #233542 by Gordon
Lex

To qualify for the LCWRA element you need to meet one or more of the associated Descriptors these are listed in our ESA & UC Claim guides.

Specifically for the Continence Descriptor, you would need to show that the episodes mentioned by the DM are weekly and not monthly.

Gordon

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

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