Print out and show this page to the people you are asking to write evidence for you
Remember to mark the descriptors you meet below. Remember that you can only score points for one descriptor (either a, b, c or d) in each of the activities so choose the descriptor that you meet that gives you the most points.
We have written this page for medical staff, social workers, support workers, and other professionals who might be able to tell the tribunal what they need to know. It explains how to write helpful evidence for this kind of benefit appeal.
Evidence from doctors and other professionals helps the tribunal to come to the right decision more than anything else. Your evidence doesn't need to be long or typed.
This appeal is about a decision that was made on …………………………. [patient to fill in]. Your evidence needs to be about how their condition affected them at that time.
1) Consider if your patient/client could reasonably be expected to manage finding a job, going to work, or doing all the things they need to do in order to claim Jobseeker’s Allowance (or the Universal Credit version of it). Your client can be entitled to these benefits if the panel recognise they face a substantial risk from being found fit to work even if they don’t meet enough of the descriptors below. For example, if they sometimes have seizures, violent outbursts, frequent falls, suicidal thoughts, delusions, or need supervision to stay safe, it would arguably be dangerous for them to be forced to travel and work without supervision. Or if they would be unable to look for jobs, and go to meetings and training on time and without fail (perhaps because of depression or confusion) there is a substantial risk that their benefit payments would stop and they would be unable to feed or care for themselves. If the stress of looking for a job or going to work might make them relapse, that can be counted too.
If you can see that any of this applies to your service user please write in your evidence that ‘Looking for work or working poses a substantial risk to the health and well-being of [name of patient/client] because of….’
2) Consider if your patient/client could reasonably be expected to manage going to the meetings and training sessions they need to in order to continue getting the benefit if they are put in the ‘work-related activity group’ (in ESA) or ‘limited capability for work’ group (in Universal Credit). If you are concerned that they will not manage it, include a sentence along the lines of ‘Being obliged to do work-related activity also poses a substantial risk to their health and well-being because of….’
3) Confirm which of the descriptors below they meet. Your patient/client has marked which descriptors they think they meet below. Please confirm all those that you can in your evidence. For example, if they cannot walk into your consulting room without discomfort, or if they are slow and it takes them twice as long as somebody else, please say that.
If you cannot confirm the descriptor your patient has marked but can confirm another in that activity, please include that. If you cannot confirm any from that activity, please just leave it out as your patient may have evidence from someone else who knows more about their problems with this. If you don’t understand why your patient meets the descriptor they have indicated, please ask them.
If your patient/client could do the activity described but not for a reasonable, continuous period, or sometimes, but not on most days, it counts as being unable to do it. For example, if they can stand and walk for 50 meters, but they can only do it a few times in a day, it hurts them, or they wouldn’t be able to do it the next day, the law sees this as not being able to walk for 50 metres.
4) If you are a medical professional, please also confirm any diagnosis or treatment.
Physical disabilities
Activity 1: Moving around without the help of another person – including using a walking stick, manual wheelchair or other aid you could use.
Descriptors:
(a) Cannot move more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot repeatedly move 50 metres within a reasonable timescale because of significant discomfort or exhaustion - 15 Points
(b) Cannot go up or down two steps without the help of another person, even with the support of a handrail - 9 Points
(c) Cannot move more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot do it repeatedly within a reasonable timescale because of significant discomfort or exhaustion - 9 Points
(d) Cannot move more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot do it repeatedly within a reasonable timescale because of significant discomfort or exhaustion - 6 Points
Activity 2: Standing and sitting
Descriptors:
(a) Cannot move between one seated position and another seated position located next to one another without receiving physical help from another person -15 Points
(b) Cannot, for the majority of the time, remain at a work station, either:
(i) standing without help from another person (even if free to move around); or (ii) sitting (even in an adjustable chair) for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion -9 Points
(c) Cannot, for the majority of the time, remain at a work station, either:
(i) standing unassisted by another person (even if free to move around); or (ii) sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion - 6 points
Activity 3: Reaching
Descriptors:
(a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket - 15 Points
(b) Cannot raise either arm to top of head as if to put on a hat - 9 Points
(c) Cannot raise either arm above head height as if to reach for something - 6 Points
Activity 4: Picking up and moving or things using your upper body and arms
Descriptors:
(a) Cannot pick up and move a 0.5 litre carton full of liquid - 15 Points
(b) Cannot pick up and move a one litre carton full of liquid - 9 Points
(c) Cannot transfer a light but bulky object such as an empty cardboard box - 6 Points
Activity 5: Manual dexterity
Descriptors:
(a) Cannot press a button or turn the pages of a book with either hand - 15 Points
(b) Cannot pick up a £1 coin with either hand - 15 Points
(c) Cannot use a pen or pencil to make a meaningful mark - 9 Points
(d) Cannot use a suitable keyboard or mouse - 9 Points
Activity 6: Making yourself understood through speaking, writing, typing, or other means, without help from someone else
Descriptors:
(a) Cannot convey a simple message, such as the presence of a hazard - 15 Points
(b) Has significant difficulty conveying a simple message to strangers - 15 Points
(c) Has some difficulty conveying a simple message to strangers - 6 Points
Activity 7: Understanding communication by either verbal means (such as hearing or lip reading) and non-verbal means (such as reading large print), using anything to help that you could use (glasses, hearing aid etc), without help from someone else
(For the descriptors below, you only have to show that you have difficulty or are unable to understand a spoken or written message, and not both).
Descriptors:
(a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape - 15 Points
(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment - 15 Points
(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment - 6 Points
Activity 8: Finding your way and being safe, using a guide dog orother aid if normally used
Descriptors:
(a) Unable to find your way around familiar places, without the help of another person, due to sensory impairment - 15 Points
(b) Cannot safely cross the road (or complete another potentially dangerous task), without the help of another person, due to sensory impairment - 15 Points
(c) Unable to find your way around unfamiliar places, without the help of another person, due to sensory impairment - 9 points
Activity 9: Extensive incontinence (other than bed-wetting) despite using any aids normally used
Descriptors:
(a) At least once a week experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points
(b) At least once a month experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points
(C)At risk of incontinence, bad enough for you to need to wash and change your clothes, if you are not able to reach a toilet quickly - 6 Points
Activity 10: Consciousness during waking moments
Descriptors:
(a) At least once a week, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 15 Points
(b) At least once a month, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 6 Points
Mental, cognitive and intellectual function
Activity 11: Learning tasks
Descriptors:
(a) Cannot learn how to complete a simple task, such as setting an alarm clock - 15 Points
(b) Cannot learn anything beyond a simple task, such as setting an alarm clock - 9 Points
(c) Cannot learn anything beyond a moderately complex task, such as the
steps involved in operating a washing machine - 6 Points
Activity 12: Awareness of everyday hazards (such as boiling water or sharp objects)
Descriptors:
(a) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need supervision most of the time to stay safe - 15 Points
(b) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need frequent supervision to stay safe - 9 Points
(c) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage to property or possessions, so that they occasionally need supervision to stay safe - 6 Points
Activity 13: Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks without needing prompting from somebody else)
Descriptors:
(a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.
15 Points
(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time.
9 Points
(c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions.
6 Points
Activity 14: Coping with change
Descriptors:
(a) Cannot cope with any change to the extent that day to day life cannot be managed - 15 Points
(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult - 9 Points
(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult - 6 Points
Activity 15: Getting about
Descriptors:
(a) Cannot get to any specified place with which the claimant is familiar -15 Points
(b) Is unable to go to a familiar place without being accompanied by another person - 9 Points
(c) Is unable to go to an unfamiliar place without being accompanied by another person - 6 Points
Activity 16: Coping with social engagement due to cognitive impairment or mental disorder
(This is about your ability to interact with people in face-to-face social situations. It must be more than shyness or reticence.)
Descriptors:
(a) Engagement in social contact is always impossible due to difficulty relating to others or significant distress experienced by the individual - 15 points
(b) Engagement in social contact with someone unfamiliar is impossible due to difficulty relating to others or significant distress experienced by the individual - 9 Points
(c) Engagement in social contact with someone unfamiliar is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual - 6 Points
Activity 17: Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder
Descriptors:
(a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace - 15 Points
(b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace - 15 Points
(c) Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace - 9 Points
Activity 18: Conveying food or drink to the mouth
If any of the below descriptors apply, you should automatically be put in the support group (ESA) or Limited capability for work-related activity group (Universal Credit).
(a) Cannot get food or drink to own mouth without physical help from someone else
(b) Cannot get food or drink to own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot get food or drink to own mouth without needing somebody with you to regularly prompt or remind you
(d) Fails to get food or drink to own mouth without receiving either physical help from somebody else or needing somebody with you to regularly prompt or remind you, because of a severe disorder of mood or behaviour
Activity 19: Chewing or swallowing food or drink
If any of the below descriptors apply, you should automatically be put in the support group (ESA) or Limited capability for work-related activity group (Universal Credit).
(a) Cannot chew or swallow food or drink
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort
(c) Cannot chew or swallow food or drink without needing somebody with you to repeatedly and regularly prompt or remind you
(d) Fails to chew or swallow food or drink or fails to do so without needing somebody with you to regularly prompt or remind you, because of a severe disorder of mood or behaviour
FAQs
How do you pass limited capability for work assessment? ›
To pass the WCA, your physical and/or mental health condition needs to affect you 50% of the time. You will be assessed on whether you can carry out certain activities within a reasonable amount of time.
Can you appeal a Work Capability Assessment? ›If your decision letter says you don't have to apply for mandatory reconsideration, you can appeal to the tribunal straight away. This might happen if you went to a work capability assessment and the DWP decided you don't have 'limited capability for work'.
What happens if you fail Work Capability Assessment? ›You can continue to get Universal Credit whether or not you pass. However, if you fail, you might have to start looking for work. The letter will confirm what group you have been placed in if you have passed the assessment.
Can you get Lcwra for mental health? ›If you already claim Universal Credit and you have a mental health condition you should speak to your Universal Credit work coach. Once the DWP are aware of how your mental health condition is affecting your ability to work or look for work, you may receive LCW or LCWRA automatically.
What are the points for limited capability for work? ›In order to be entitled to Universal Credit on the basis of having limited capability to work and to be put in the LCW group you need to score at least 15 points in total. Or there needs to be a 'substantial risk' to you or others if you were found not to have limited capability for work (see box).
What counts as limited capability for work? ›Claimants who are placed in the limited capability for work (LCW) group are those who the DWP consider are not currently capable of work, but who may be capable of work at some time in the future.
Can you appeal capability dismissal? ›There are 2 ways you might be able to challenge your dismissal: appealing through your employer's appeal process. making a claim to an employment tribunal - if you have a genuine unfair dismissal claim and have worked for your employer for more than 2 years.
Do you get backdated limited capability for work? ›In most cases, the LCWRA element is awarded after a 3 month waiting period beginning on the day you provide medical evidence. If it takes longer than 3 months to carry out your Work Capability Assessment the element you are awarded will be backdated to this point and you will be paid any amount owing.
What conditions qualify you for Lcwra? ›...
You're likely to have LCWRA if you're either:
- being treated with chemotherapy or radiotherapy.
- likely to start treatment in the next 6 months.
- recovering from treatment.
You will be automatically treated as having a limited capability for work, without having to score 15 points, in the following circumstances: You are terminally ill. This is defined as a progressive disease and death in consequence of that disease can reasonably be expected within 12 months.
Can DWP force you to work? ›
The DWP can't make you take a new job or pay increase, but you'll need to have a good reason for doing this. For example, you might have an emergency at home or you might be in hospital. If you don't have a good reason they'll probably 'sanction' you, which means having your Universal Credit temporarily reduced.
How far is Lcwra backdated? ›The LCWRA should be backdated to when you reported the health condition provided you supplied details of continuous Fit Notes. The extra money (LCWRA element) should be paid from the fourth full UC period after you reported the health condition.
What is proof of a mental disability? ›To prove your mental disability, you will need to have medical documentations, records and notes from any physicians you are seeing to show that your mental disability makes it impossible for you to work full time. The more medical evidence you have, the easier it is to prove your mental disability.
What is classed as mental incapacity? ›A person lacks capacity if their mind is impaired or disturbed in some way, which means they're unable to make a decision at that time. Examples of how a person's brain or mind may be impaired include: mental health conditions – such as schizophrenia or bipolar disorder. dementia. severe learning disabilities.
Does PIP automatically qualify you for Lcwra? ›If you are pension age and in receipt of Disability Living Allowance (DLA) at highest rate care, Personal Independence Payment (PIP) at enhanced daily living or any rate of Attendance Allowance (AA), you will be awarded LCWRA without the need for work capability assessment.
How much is limited capability for work on Universal Credit? ›Additional benefits
In addition, where it is decided that you have limited capability for work and work related activity, you will be awarded the limited capability for work and work-related activity addition of Universal Credit – currently £343.63 per month.
If you have limited capability for work, you can earn a certain amount before your Universal Credit payment is reduced. This is called a Work Allowance. You will keep 45p from every £1 you earn over your Work Allowance until your earnings are too high to get Universal Credit.
How much is LCW on Universal Credit? ›Limited Capability for Work Element
You might get either the: Limited capability for work element (LCW) £132.89 per month.
It may take four to six weeks after the assessment for you to receive the decision. determines whether you have 'limited capability for work related activity'. If so, you are placed in the 'support group'. If not, you go into the 'work related group'.
What benefits can I claim for depression? ›- Welfare Benefits for Mental Health. ...
- Personal Independence Payment. ...
- Universal Credit. ...
- Employment and Support Allowance. ...
- Council tax: Exemptions and discounts. ...
- Statutory Sick Pay. ...
- Housing Benefit. ...
- Jobseeker's Allowance.
What are the 5 fair reasons for dismissal? ›
...
A run-down of the most common reasons to dismiss an employee.
- Failure to do the job. ...
- Misconduct. ...
- Long term sick. ...
- Redundancy.
- Misconduct. Conduct in the workplace is one of the most common reasons for firing a member of staff. ...
- Capability or qualifications. ...
- Redundancy. ...
- Continued employment would be against the law. ...
- Retirement. ...
- Some other substantial reason.
As such, there is no need for a provision to backdate entitlement to the LCWRA element as it will always be included from the beginning of the assessment period following that in which the relevant period ends.
How much is Lcwra a month? ›How much you'll get. If you have LCWRA you'll get an extra £354.28 a month, and the DWP won't set a maximum amount for what you can get in benefits - called the 'Benefit Cap'. You won't normally get extra money if you have LCW.
Is Lcwra classed as a disability? ›The main UC element for a claimant with disability (and limited capability for work) is the 'limited capability for work and work-related activity' (LCWRA) element. The test for LCWRA is the same as thatfor the support component of employment and support allowance (ESA).
How often is work capability reviewed? ›Review periods are usually set between 6 and 36 months, based on when the HCP / DM believes there may be a change in the claimant's condition.
Will I have to go through another Work Capability Assessment? ›If you move on to Universal Credit from Employment and Support Allowance and have already been assessed as having limited capability for work you will not have to undertake the assessment again. If you were in the ESA work related activity group (WRAG) you will be put in the UC LCW group.
How many hours can I work on limited capability? ›carried out as part of your treatment programme or done under the supervision of a local authority or voluntary organisation that arranges work opportunities for disabled people. There is no limit on the number of hours that you can work.
What triggers a DWP investigation? ›As soon as there is enough evidence of potential fraud, the DWP will launch an official investigation and notify you. DWP investigators are allowed to gather many types of evidence against a potentially fraudulent claimant.
Can DWP just turn up at your house? ›Home visits
The Department for Work and Pensions ( DWP ) Visiting Team can, in certain circumstances, visit claimants at home to help them with their Universal Credit claim.
Can you stay on Universal Credit forever? ›
If you're already getting one of the benefits that Universal Credit (UC) replaces, you'll stay on that benefit for the time being. You may be moved over to UC if you have a change in your circumstances which would require you to make a new claim for one of the benefits that UC is replacing.
Do people on Lcwra get the 150 payment? ›As you're claiming LCWRA which is part of UC then you'll receive the first payment of £326 anytime up to 31st July. As you're also claiming PIP you will receive another payment of £150 in Septemeber. my eligibility to recieve the cost of living payment because people with disabilities may be exempt. See illustration.
What should a Work Capability Assessment say? ›...
Say if you might be able to do an activity, but also say if you:
- cannot do it more than once.
- cannot do it safely.
- cannot do it on a bad day, which means you cannot do it reliably.
The relevant period is the 3 month period that has to be served before the additional amounts for having limited capability for work and work-related activity (LCWRA) can be included in the award.
What is the most approved disability? ›What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.
How hard is it to get disability for depression and anxiety? ›It can be difficult to bring a claim for disability benefits on the basis of anxiety or depression because the evidence used to support the diagnosis is based on subjective criteria. Objective measures, like an X-ray or a blood test, cannot tell your doctor what you are thinking or feeling in your day-to-day life.
Is anxiety a disability for work? ›Key Takeaways. If anxiety is severely restricting a life function, it may be considered a disability protected by the Americans with Disabilities Act (ADA). You can request accommodations such as a flexible schedule, support animal, or special rest area to help manage your anxiety.
How do you prove mental capacity? ›How is mental capacity assessed? The MCA sets out a 2-stage test of capacity: 1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? 2) Does the impairment mean the person is unable to make a specific decision when they need to?
Who decides mental capacity? ›Who assesses mental capacity? Normally, the person who is involved with the particular decision which needs to be made is the one who would assess mental capacity. If the decision is a complex one then a professional opinion might be necessary, for example the opinion of a psychiatrist, psychologist, social worker etc.
Does depression affect mental capacity? ›It can impair your attention and memory, as well as your information processing and decision-making skills. It can also lower your cognitive flexibility (the ability to adapt your goals and strategies to changing situations) and executive functioning (the ability to take all the steps to get something done).
How do you pass limited capability for work questionnaire? ›
To score points you must have a health condition that means you cannot work and cannot do work-related activities. You must score 15 points or more across the Capability for Work questionnaire to show that you have LCW. The activities cover both physical and mental health and the points from both can be combined.
How is Lcwra decided? ›After looking at the health care professional's report, and also your questionnaire, the Department for Work and Pensions (DWP) decision maker will decide whether you have scored enough points (fifteen points) to be considered to have Limited Capability for Work (LCW), and whether you satisfy any of the descriptors to ...
Why is there a 3 month wait for Lcwra? ›If you are qualifying for the element for the first time, there is a waiting period of 3 months before the LCWRA element can be paid. According to the regulations, the 3-month waiting period begins when the claimant first provides evidence of having limited capability for work – e.g. when they first send in a fit note.
How much is the limited capability for work element of Universal Credit? ›Additional benefits
In addition, where it is decided that you have limited capability for work and work related activity, you will be awarded the limited capability for work and work-related activity addition of Universal Credit – currently £343.63 per month.
It may take four to six weeks after the assessment for you to receive the decision. determines whether you have 'limited capability for work related activity'. If so, you are placed in the 'support group'. If not, you go into the 'work related group'.
Do you get backdated limited capability for work? ›In most cases, the LCWRA element is awarded after a 3 month waiting period beginning on the day you provide medical evidence. If it takes longer than 3 months to carry out your Work Capability Assessment the element you are awarded will be backdated to this point and you will be paid any amount owing.
Will I automatically get limited capability for work? ›You will be automatically treated as having a limited capability for work, without having to score 15 points, in the following circumstances: You are terminally ill. This is defined as a progressive disease and death in consequence of that disease can reasonably be expected within 12 months.
Is limited capability for work on top of Universal Credit? ›If you made a new Universal Credit claim on or after 3 April 2017 and have limited capability for work, you will not get the extra amount. You may also be eligible for 'new style' Employment and Support Allowance.
Does limited capability for work mean more money? ›If you have been assessed as having limited capability for work/work-related activity you will be entitled to a work allowance – this is a disregard on your net earnings. Any remaining earnings, after the work allowance has been applied, are tapered at 63%. The balance is taken into account as income.
What illness qualifies Lcwra? ›Limited Capability for Work-Related Activity (LCWRA) group
There are no conditions that automatically qualify you for LCWRA, although certain types of cancer treatment and issues relating to pregnancy may mean you qualify.
What benefits can I claim for depression? ›
- Welfare Benefits for Mental Health. ...
- Personal Independence Payment. ...
- Universal Credit. ...
- Employment and Support Allowance. ...
- Council tax: Exemptions and discounts. ...
- Statutory Sick Pay. ...
- Housing Benefit. ...
- Jobseeker's Allowance.
The LCWRA should be backdated to when you reported the health condition provided you supplied details of continuous Fit Notes. The extra money (LCWRA element) should be paid from the fourth full UC period after you reported the health condition.
How does limited capability for work affect Universal Credit? ›If you have limited capability for work, you can earn a certain amount before your Universal Credit payment is reduced. This is called a Work Allowance. You will keep 45p from every £1 you earn over your Work Allowance until your earnings are too high to get Universal Credit.
How much is LCW on Universal Credit? ›Limited Capability for Work Element
You might get either the: Limited capability for work element (LCW) £132.89 per month.
The DWP can't make you take a new job or pay increase, but you'll need to have a good reason for doing this. For example, you might have an emergency at home or you might be in hospital. If you don't have a good reason they'll probably 'sanction' you, which means having your Universal Credit temporarily reduced.
How often is work capability reviewed? ›Review periods are usually set between 6 and 36 months, based on when the HCP / DM believes there may be a change in the claimant's condition.
Does PIP automatically qualify you for Lcwra? ›If you are pension age and in receipt of Disability Living Allowance (DLA) at highest rate care, Personal Independence Payment (PIP) at enhanced daily living or any rate of Attendance Allowance (AA), you will be awarded LCWRA without the need for work capability assessment.