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Rapid reclaim LWCRA not added due to needing a review

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4 months 3 weeks ago #292677 by CO
Hi All.

my father did a rapid reclaim and his award for LCWRA was on the system. I was told that his award would be added once the claim starts. The UC person signed him back up without commitments to look for work and the UC claim started.. yay! . They said they’d reach out to case manager to add LCWRA back to account . We noticed on the first payment that LCWRA wasn’t on the system. I called and spoke to an agent who said it would be added back and that someone would call me back before end of day , which they didn’t 🙄. I wrote in journal again and have just received this message from the case manager who was working on the MR:


“LCWRA will only remain valid and follow into the rapid reclaim if both the following circumstances apply;

1. There has been no change in your health condition or disability; and
2. The review date has not passed.

Your prognosis was 18 months from 12/07/2021. Therefore, the LCWRA are due for review. You will have to submit medical evidence and start the process again to initiate the review”

What does this mean? What should we do? . There was no end date on the award and my Fathers conditions are ongoing. Fortunately my father has no commitments so doesn’t have to attend job centre. I’m concerned that if I contact JC this may change. Although my father doesn’t have a work coach to contact.

We didn’t get any message about a review due before his claim was closed ( due to missing message to send bank statements), nor a notice to review when new claim started. If it wasn’t for me asking, we’d be non the wiser.

I spoke to someone from UC50 and they said someone from universal usually contacts them to start the review .

My father’s MH may cause us not to do anything at all and just bury head in the sand for a while. Is there a time period to apply for the review?

We had originally applied for an MR but heard nothing about that either ( I’m presuming that’s vanished too)

What to do. Please help 🙂

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4 months 3 weeks ago #292694 by Gary
Hi CO

By the sound of your post, you have done everything.

I would seek advice from your local Welfare Rights Organisation; advicelocal.uk they maybe able to give you additional pointers and if necessary help with the appeal process.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 months 3 weeks ago #292702 by CO
Thanks Gary. The MR was for when
the claim was originally closed to maybe get a backdate. We haven’t addressed this latest situation - When my father did the rapid reclaim he was told that LCWRA would reconnect. That’s why the work coach said he didn’t have to look for work. So to be told that that didn’t happen because a review was due is shocking.

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4 months 3 weeks ago #292705 by Gordon
CO

Two things.

What was the result of the MR or are you still waiting?

Ask your work coach for a reference to the legislation that specifies these two requirements.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 months 3 weeks ago #292707 by CO
Hi

No outcome as yet. Still waiting ( although we were told here that it was unlikely that we’d get it) .

The person who mentioned in the journal why LCWRA hadn’t been added back was the original case manager for MR ( I recognised his name). He didn’t leave the thread open to respond. I made contact with him via The Payments button.

My father’s main thing right now is not having to go into job centre and look for work or hand in sick notes. It’s all too stressful for him. I’m concerned that if I start calling and messaging a work coach, that they will call him in a redo commitments. I don’t think it’s highlighted at the moment because nothing has changed on their side since the commitments meeting. it’s not like the LCWRA has been removed, it was never reconnected. That’s why I wanted to know if there’s a time limit for a review. I don’t understand why my father would have to submit new medical evidence , unless that’s what happens in reviews?

When we had the rapid claim meeting , the work coach was told to override the system, we didn’t have to go through fathers availability to work etc , just straight to sign commitment to occasionally check journal . On the journal it shows as a cancelled meeting and then commitments completed. The work coach said she would contact the case manager to reconnect LCWRA.

Should I call and ask for the case manager to call me back regarding legislation? Or are you suggesting I ask a work coach in the journal?

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4 months 3 weeks ago #292708 by CO
I just read this on a mental health website

“The DWP also said that they will not be reassessing people currently with LCWRA status, unless the claimant self-reports a change of circumstances to the DWP or if they are suspected of fraud”

This is making me very upset. As it seems that my father wouldn’t have even been reviewed anytime soon.

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