UC/LCWRA, messed around by DWP etc.,

V4Vendetta
V4Vendetta Online Community Member Posts: 34 Contributor
Hi there.Hope You all doing well.

Would like someone to shed some light on my issue.
Ok, let's start.
Me and my partner started receiving UC since late 2020,I have already been receiving PIP,she was/is working and receiving UC.
During application for UC, everything was stated about my health condition and I have been submitting sick notes every 6 months,till one day out of the blue my partner got a letter in journal in regards to WCA,which I need to go through.Had a 5 minutes phone assessment,filled form they provided to fill in for WCA,after some time received letter saying I have been awarded LCWRA.
Then my partner said,why I didn't have any assessment after stating my health condition in UC application in 2020.She went through journal and WCA was mentioned as shown on the screenshot,and my partner had a phonecall assessment on my behalf.
My condition haven't changed for years.
So since my assessment in April and LCWRA award,my partner been trying to find out why they waited for so long to do a WCA.Their response always not straight,never answering the question:why just now?why not before at the start of application.

Sorry if my post is a mess,but would anyone can shed some light on my rights,what should I do in this situation?
Thank You for any help!
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Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing
    Looking at your journal comments they referred you way back in Nov 2020. I agree that's a long time to wait for an assessment but it's not unknown. There's been many threads in the past where people have waited this long.

    You will be owed money from the 4th month after you first reported your health condition/sent your first fit note. Money owed will be paid separately to your usual monthly money and quite often takes a few weeks to pay it.

    Before they pay you they will need to recalculate your past statements. This will allow them to work out how much you've been paid against how much you should have been paid. You will then receive the difference between the two. Once this is done you'll receive a letter on your journal telling you how much is owed and it will then be paid into your bank.

    Once your statements are recalculated they will replace your current statements. You may want to take copies of the current ones just incase.
  • V4Vendetta
    V4Vendetta Online Community Member Posts: 34 Contributor
    Looking at your journal comments they referred you way back in Nov 2020. I agree that's a long time to wait for an assessment but it's not unknown. There's been many threads in the past where people have waited this long.

    You will be owed money from the 4th month after you first reported your health condition/sent your first fit note. Money owed will be paid separately to your usual monthly money and quite often takes a few weeks to pay it.

    Before they pay you they will need to recalculate your past statements. This will allow them to work out how much you've been paid against how much you should have been paid. You will then receive the difference between the two. Once this is done you'll receive a letter on your journal telling you how much is owed and it will then be paid into your bank.

    Once your statements are recalculated they will replace your current statements. You may want to take copies of the current ones just incase.
    Thank You for Your reply Poppy,thing is that they want me award only from May this year,as like I said recent WCA came out of nowhere,and seems they held up on it for years(since late2020)
    I will attach a screenshot for better understanding.Thank You
  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing
    edited July 2023
    I don’t understand that because you were referred for a WCA way back in Nov 2020. 

    Can I just check that this was definitely the first decision that’s been made on a WCA? You definitely didn’t have one previously to this? 
  • V4Vendetta
    V4Vendetta Online Community Member Posts: 34 Contributor
    I don’t understand that because you were referred for a WCA way back in Nov 2020. 

    Can I just check that this was definitely the first decision that’s been made on a WCA? You definitely didn’t have one previously to this? 
    Yes Poppy,I was referred for WCA in Nov 2020.All we had a phonecall ,during which my partner spoke on my behalf.
    That was it,no awards mentioned,nothing to be honest,although my health condition was the same.
    Then like I mentioned before ,they "decided" to have to have a WCA .Just out of the blue.And now I have received answer saying I was awarded LCWRA.
    Since November 2020, we've been providing sick notes every 6 months.
  • bg844
    bg844 Online Community Member Posts: 3,883 Championing
    @V4Vendetta I would look at making a complaint: https://makeacomplaint.dwp.gov.uk/
  • V4Vendetta
    V4Vendetta Online Community Member Posts: 34 Contributor
    bg844 said:
    @V4Vendetta I would look at making a complaint: https://makeacomplaint.dwp.gov.uk/
    Hi there,yeah I might do that,they also offered a mandatory reconsideration if I'm not agreeing with decision.
    I'm so fed up going through all this PIP assessments,this stuff now.Are they trying to bring people down or help them.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing
    I’m wondering if you actually had a decision previously to your most recent one and didn’t realise. You can check through your journal to make sure. 

    If you didn’t then you need to request the MR in the decision not to award the LCWRA from an earlier date.
  • V4Vendetta
    V4Vendetta Online Community Member Posts: 34 Contributor
    I’m wondering if you actually had a decision previously to your most recent one and didn’t realise. You can check through your journal to make sure. 

    If you didn’t then you need to request the MR in the decision not to award the LCWRA from an earlier date.
    Hi again Poppy,
     No there was no decision made.As You can see from my first post(attached screenshot),they arranged WCA and my partner spoke to them on my behalf.That was it unfortunately.
    So You think mandatory reconsideration is the way to go?Would I still get paid while appealing their decision?
    Thank You
  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing
    Yes request the MR. As they are saying it's from 17th May and they apply the wating period from then, the LCWRA element won't be paid until either Oct or Nov.
  • WhatThe
    WhatThe Online Community Member, Scope Member Posts: 3,319 Championing

    Hi V. Surely if you completed the UC35 but not a UC50 in 2020 then you had LCWRA.. Also, lockdown rules were in place in November 2020.
     
  • V4Vendetta
    V4Vendetta Online Community Member Posts: 34 Contributor
    Yes request the MR. As they are saying it's from 17th May and they apply the wating period from then, the LCWRA element won't be paid until either Oct or Nov.
    Found this Poppy,please see attached screenshot.Although my physical condition changed,but mentally my health condition haven't changed,may be that's why ,they considered  that my mental health wasn't an issue,but all my psychiatrist letters and fit notes said I was unable to work.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing

    Hi V. Surely if you completed the UC35 but not a UC50 in 2020 then you had LCWRA.. Also, lockdown rules were in place in November 2020.
     

    The UCD35 is a letter that UC upload onto your journal telling you they are referring you for a WCA. It's not actually something a claimant completes. Once that letter is uploaded the UC50 form should be received in the post within the following week.
  • V4Vendetta
    V4Vendetta Online Community Member Posts: 34 Contributor

    Hi V. Surely if you completed the UC35 but not a UC50 in 2020 then you had LCWRA.. Also, lockdown rules were in place in November 2020.
     

    The UCD35 is a letter that UC upload onto your journal telling you they are referring you for a WCA. It's not actually something a claimant completes. Once that letter is uploaded the UC50 form should be received in the post within the following week.
    Yes,but never received anything. We've checked all papers we have.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing
    Yes request the MR. As they are saying it's from 17th May and they apply the wating period from then, the LCWRA element won't be paid until either Oct or Nov.
    Found this Poppy,please see attached screenshot.Although my physical condition changed,but mentally my health condition haven't changed,may be that's why ,they considered  that my mental health wasn't an issue,but all my psychiatrist letters and fit notes said I was unable to work

    There's still something missing here and that's the decision of the first work capability assessment that you were referred for back in Nov 2020. Though i don't understand why you reported changes in April this year, if no decision had been made on that assessment. Didn't you ever make any enquiries about that?

    As advised, you need to request the MR.
  • V4Vendetta
    V4Vendetta Online Community Member Posts: 34 Contributor
    Yes request the MR. As they are saying it's from 17th May and they apply the wating period from then, the LCWRA element won't be paid until either Oct or Nov.
    Found this Poppy,please see attached screenshot.Although my physical condition changed,but mentally my health condition haven't changed,may be that's why ,they considered  that my mental health wasn't an issue,but all my psychiatrist letters and fit notes said I was unable to work

    There's still something missing here and that's the decision of the first work capability assessment that you were referred for back in Nov 2020. Though i don't understand why you reported changes in April this year, if no decision had been made on that assessment. Didn't you ever make any enquiries about that?

    As advised, you need to request the MR.
    Poppy, God knows what are they trying to do or doing.Out of nowhere in April they decided to have WCA.While  in 2020 WCA never been asked to fill anything.
  • V4Vendetta
    V4Vendetta Online Community Member Posts: 34 Contributor
    Yes request the MR. As they are saying it's from 17th May and they apply the wating period from then, the LCWRA element won't be paid until either Oct or Nov.
    Found this Poppy,please see attached screenshot.Although my physical condition changed,but mentally my health condition haven't changed,may be that's why ,they considered  that my mental health wasn't an issue,but all my psychiatrist letters and fit notes said I was unable to work

    There's still something missing here and that's the decision of the first work capability assessment that you were referred for back in Nov 2020. Though i don't understand why you reported changes in April this year, if no decision had been made on that assessment. Didn't you ever make any enquiries about that?

    As advised, you need to request the MR.
    Where can I request a MR and where can I seek help to fill it in correctly.
  • WhatThe
    WhatThe Online Community Member, Scope Member Posts: 3,319 Championing
    Face-to-face assessments were suspended from March 2020  
  • V4Vendetta
    V4Vendetta Online Community Member Posts: 34 Contributor
    Face-to-face assessments were suspended from March 2020  
    Evening Whatnot,thank You for the info, appreciate it
  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing
    Face-to-face assessments were suspended from March 2020  

    All assessments were suspended from that time. Telephone assessments then started during the summer of that year for new claims. The referral in this case was in Nov 2020 and they had definitely started back by that time.
    Face to face assessments started back for some people in about April 2021.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing
    edited July 2023
    Yes request the MR. As they are saying it's from 17th May and they apply the wating period from then, the LCWRA element won't be paid until either Oct or Nov.
    Found this Poppy,please see attached screenshot.Although my physical condition changed,but mentally my health condition haven't changed,may be that's why ,they considered  that my mental health wasn't an issue,but all my psychiatrist letters and fit notes said I was unable to work

    There's still something missing here and that's the decision of the first work capability assessment that you were referred for back in Nov 2020. Though i don't understand why you reported changes in April this year, if no decision had been made on that assessment. Didn't you ever make any enquiries about that?

    As advised, you need to request the MR.
    Where can I request a MR and where can I seek help to fill it in correctly.

    You can just request it on your journal as a message. Tell them the date you first reported your health condition. Also tell them that you were referred for a WCA in Nov 2020 but never had an assessment and a decision was never made. Tell them that because of this you should be awarded from the date you reported your health condition. (the waiting period for the LCWRA will then start from that date)