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Lcwra question need help and advice please

matt222

Hi im new to this site and just trying to get some help and advice apologises for the long question/ message so i have been getting sick notes since december 2021 and all of last year i was really ill with bowel cancer and a bloodclot on my leg which ended up with me having a major operation and having my bowel removed in august so i was in and out of hospital all year and getting sick notes i did not know about lcwra until my doctor mentioned it in december of last year asking why i was still needing to get sick notes as i should if been signed off by the dwp so that got me messaging my work coach and ringing up asking why i had not been sent the uc50 form as after doing some research i believe it should of been sent to me after 3 months of getting sick notes there reply was we dont know why you weren't sent it etc so i had to keep ringing and nagging them to send it me which they did finally at the start of last month so i filled it out and have now sent it off im just wondering tho if they now find me fit for work will i not get my back pay for the whole 13 months i have been seriously ill and having operations etc as it was there fault they never sent me the form my sick note is due to end this month so im hoping i can get another as i still have the bloodclot in my leg which is swollen twice the size and im on the waiting list to go back into hospital to have the second major operation to remove the last part of my bowel due to the cancer inwas awarded pip on the high rate on both parts due to my mental health and mobilty problems now with my leg not sure if that makes a difference as pip is seperate how long could i be waiting for a reply i think i need a assessment aswell because even tho i had the cancer i was not having chemo as i had to have a urgent operation so i dont think i fit the criteria for lwcra without a assessment really sorry for the long post but im just trying to get this all out and get some advice kind regards matt

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Comments

calcotti

I found it difficult to follow your post so I apologise if I have misunderstand your situation.

After you reported UC of a change of circumstances supported by Fit Note UC should have sent you the UC50 after 28 days (unless you were still earnings of earnings over 16 x NMW/week in which case you cannot be issued by UC50). Now that you have now received and returned the UC50 you will likely need an assessment but waiting time varies and there have been long delays.

You are correct that cancer doesn't automatically entitle you to LCWRA without an assessment if you are not receiving chemotherapy or radiotherapy.

Have you provided continuous Fit Notes since first reporting the health condition? If there have been gaps that will affect any backdating if you are found to have LCWRA.

matt222

calcotti said:

I found it difficult to follow your post so I apologise if I have misunderstand your situation.

After you reported UC of a change of circumstances supported by Fit Note UC should have sent you the UC50 after 28 days (unless you were still earnings of earnings over 16 x NMW/week in which case you cannot be issued by UC50). Now that you have now received and returned the UC50 you will likely need an assessment but waiting time varies and there have been long delays.

You are correct that cancer doesn't automatically entitle you to LCWRA without an assessment if you are not receiving chemotherapy or radiotherapy.

Have you provided continuous Fit Notes since first reporting the health condition? If there have been gaps that will affect any backdating if you are found to have LCWRA.

hi thanks the fast reply yes i have provided continuous sick notes since december 2021 but granted at the time it was due to a first diagnosis of a bowel condition the cancer came after hence the urgent operation in august i was not earning or working at all the whole of 2021 since reporting with sick notes i did not have no uc50 form sent after 28 days i was the one to ask them about why i had not been sent it and there first reply was because i had been found fit for work previously but that was in 2016 and for something else that was there reasoning i had not been sent the form but after ringing and messaging my journal about it i finally got them to send me the form last month a year later than expected and now i am currently waiting for a response or date for assesment ,how far back can they backdate as seeing as its going to be a long wait it could be 18 months or longer until im awarded it thats even if i do get it also if i am found fit for work then would i not be entitled to backpay from last year seeing as i was getting sick notes all year and its there fault they never sent the form out?

calcotti

matt222 said:...how far back can they backdate

I should backdate the LCWRA status (if awarded) to December 2021 and the additional money would be due from four months after that from April or May depending on your UC monthly periods and the exact date you reported the change.

matt222 said:. if i am found fit for work then would i not be entitled to backpay from last year seeing as i was getting sick notes all year and its there fault they never sent the form out?

Submitting Fit Notes doesn't entitle you to anything.

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