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Tribunal for LCWRA

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Tiaellieskye
Tiaellieskye Community member Posts: 20 Listener
Hi all.. Bit of a complicated one! Well for me 🙃
I was rejected last summer for LCWRA.. Re started sick notes Sept. After operation. New assessment and was awarded just 3 months from January. 
If I go Tribunal say March? How does that work if I win or lose?
Thanks in advance

Comments

  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited January 2023
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    After the first decision when you were refused LCWRA were you found fit for work or were you found to have LCWRA?

    If you were originally found Fit for Work then, after your new decision based on your change of circumstance in September, then the LCWRA would only be payable from January because there is a three month waiting period,

    The new decision for LCWRA is then ongoing until you are reassessed, 

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Tiaellieskye
    Tiaellieskye Community member Posts: 20 Listener
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    Thank you. But if  the judge says I should have had it. Does that mean I would get it up to the Sept sick note? 
  • poppy123456
    poppy123456 Community member Posts: 57,159 Disability Gamechanger
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    Thank you. But if  the judge says I should have had it. Does that mean I would get it up to the Sept sick note? 

    Calcotti has already answered your question. Were you found fit for work last summer? and did you challenge that decision?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited January 2023
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    Thank you. But if  the judge says I should have had it. Does that mean I would get it up to the Sept sick note? 
    As advised in my previous reply, the tribunal reviewing your entitlement following your change of circumstances reported in September means that you have LCWRA from September. If your original decision was that you were found fit for work you have to wait three months from September before you get paid any extra money for having LCWRA. The first payment in January will be correct.
    calcotti said:
    If you were originally found Fit for Work then, after your new decision based on your change of circumstance in September, then the LCWRA would only be payable from January because there is a three month waiting period,
    If you were previously found to have LCW then the extra LCWRA payment would be due from October. However you didn't answer the question I asked
    calcotti said:
    After the first decision when you were refused LCWRA were you found fit for work or were you found to have LCWRA?

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Tiaellieskye
    Tiaellieskye Community member Posts: 20 Listener
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    Fit for work the first assessment so sick notes from Jan 2022 to assessment july. Refused lcwra. New sick note Sept awarded Jan 2023. And paid from Jan 2023
  • Tiaellieskye
    Tiaellieskye Community member Posts: 20 Listener
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    Yes I understand the Sept to Jan wait. I'm just confused with the earlier part of it. Before these dates and the earlier part of the year I'm going tribunal for. So will the judge decide from Jan 22 to the September 22 sick note?

    Thank you sorry for the confusion. 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited January 2023
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    I’m still confused. Which decision are the tribunal considering? The tribunal decision will apply from the date the health was reported that relates to the DWP decision being appealed. The three month wait will then apply from that date.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Tiaellieskye
    Tiaellieskye Community member Posts: 20 Listener
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    Wow! What a shed load of confusion in those previous messages. Any way went to Tribunal and won. Lcwra for last year from early in the year. Like I was saying. And the judge said they can't. Assess me for 2 years. Even though that's not law.
    So not giving in paid off. Thanks to the lady on here that saw through my losing the plot. And not those that fired at me. 👍
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,981 Disability Gamechanger
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    Thanks for your update @Tiaellieskye. Really glad to hear you won, I can imagine that's a relief! And, as you said, not giving in paid off. We are always here to listen to you and support you  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.
  • Tiaellieskye
    Tiaellieskye Community member Posts: 20 Listener
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    Thank you 😘
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