Hi, my name is Keith40! I've just today been told I've had backdated LCWRA — Scope | Disability forum
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Hi, my name is Keith40! I've just today been told I've had backdated LCWRA

Keith40
Keith40 Community member Posts: 12 Listener
edited August 2023 in Universal Credit (UC)
Hi there. In Jan 2022 i was put on LCW and took me months to eventually understand why I wasn't getting any extra money. The thing is, what was explained, completely contradicted itself as, the criteria I was in meant although not having to provide sick notes for 10 months etc. They said you still have 'work focused interviews' Over the period, through my condition and new diagnoses were added, quite a few. Not once did I have to attend the job centre. Not once did any of the 1 or 2 minute calls involve the word 'work'. I've never spoke, or done anything the lwc criteria us and have been in the LCWRA category since the start, in Jan 22. After a long 18 months stressing over this and even in my commitments, my hours of work search were even changed to 'zero'. I was only assigned a 'coach' as such which was somebody who I spoke to about very personal issue's, including my physical and mental health issues. Again. Nothing, in the whole 18 months has the word work even been mentioned as I add my new diagnosis's ontop of the current ones I still have also. 

So after another assessment in feb/March. I have been awarded LCWRA and it has been backdated to October of 2022. 

It is a relief massively but still...those months prior to October 22, to the original LCW award. I feel I should have been payed for those months also. They explained am, and have been in the LWCRA category but the decision couldn't be changed once awarded the LCW and its taken this long to get it. 

Is it a mandatory appeal I can make? My main concern is....that period obviously there's no doctors notes as was told I don't have to provide, but records of all conditions the GP will have. 

Could doing this make them reconsider my recent decision of me been in the LCWRA category and also this backdated amount I've been awarded. Would I be jeopardising having to pay that back?

I've worked all of my life and only started claiming 2 years ago so also I wasn't aware I was applicable for pip...this was only advised to me by the 'coach' or whatever they may be called. But not once, like I say have I had a 'work focused interview'. On my journal it says I've attended. I've not even had to attend the job centre and all the calls I had in 12 months, probably 4 or 5, spaced 3 months apart were a 'Hi and Bye and hoping I get well soon and to look after myself etc. 

I was awarded pip in March 23 and unfortunately me not been aware of this benefit. I could of claimed that from Jan 2022 also. I was 1 point off enhanced rate and I know for a fact, one or 2 of the questions I'd of scored points on but as I didn't have the actual diagnosis for ADHD at the time. It's not something I said I had as I was in the process of assessment with psychiatrist and got diagnosed. I've informed pip. But again...me appealing and potentially losing the claim....I don't know how it all works.

Anyway, the main question here is...I've just today been told I've had backdated LCWRA from October 22 till present. But should I go ahead and debate the 9 months prior as I've been treated the same the whole time, as awarded LWC, but not having to meet the criteria they told me the reason I'm not seeing any extra for. They've admitted yes...back to October. But it's the same from the original wrong decision of putting me on LCW. I've not had to do 1 single thing that puts me down as LCW the whole time. 

Any feedback would be highly appreciated as I'm struggling to know what's right, what could or couldn't happen as I can't risk jeopardising anything after this horrible nightmare 18 months. 

Kind regards all.
Keith


Comments

  • poppy123456
    poppy123456 Community member Posts: 53,804 Disability Gamechanger
    When you were found to have LCW for your first assessment you could have challenged that decision at that time. The decision letter would have advised if you disagree you can request the MR. As it's been more than 13 months since the decision was made on that WCA then you're out of time to do anything about that now.

    If you reported changes to your health condition in Oct 2022 then it's correct to pay the LCWRA element from the assessment period in which you reported the changes. You will not be owed any extra money for the months prior to that because the decision was LCW, which doesn't entitle you to extra money.

    For your PIP you can request the MR for this but please be aware that it's not about a diagnosis. Most MR decisions remain the same because only about 23% of decisions change in the claimants favour at this stage.
    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.
  • Keith40
    Keith40 Community member Posts: 12 Listener
    Hi there Poppy, thanks ever so much, that's actually put my mind at ease, I wasn't made aware I could challenge that decision, and the letter stated you 'may' see extra money from UC. As new to all this as I've worked all my life until July 2020. 

    I guess I'm lucky to get backdated till October as that was the time they asked me to provide sick notes again. 

    It is annoying to be honest the fact I was unaware of PIP until October also, and feel I wasn't informed of been able to appeal the LCW in January 2022. 

    My Journal is full of messages from that period of asking why I'm not getting any extra money as I've not once had to speak about work, attend the job centre and like I say, the phonecalls I did have were 1 or 2 minutes every 3 months just saying to look after yourself and hope I get better etc. 

    Also knowing I could appeal the PIP I know its a risk. I have informed them of the ADHD diagnosis since my decision of standard rate and know it would definitely give me 2 or 4 points even. I was 1 point off enhanced. Now I've been awarded the LCWRA I'll just leave it as its kind of worked out eventually for me. And it's for the sake of 30 pounds a week from normal to advanced. 4 pounds a day extra. I think I should just accept what I have been awarded now. And forget about the past as that's something we cannot change. I'd just potentially be digging a hole for myself appealing the pip and LCW. Thanks for that Poppy. Really appreciate it. 

    Kind regards
    KEITH
  • Keith40
    Keith40 Community member Posts: 12 Listener
    Hello Keith , I can not confirm if you would be risking the original decision . I can only state that I have not known an original decision being removed unless due to an investigation , only that the original decision has remained the same or  amended favourably , but I can not guarantee this has never happened.
    IHiya
    TThat was a message I've received since your reply Poppy. So I'm confused now again. I'm been told by them I can appeal for the time I was awarded LCW in Jan 2020 to the time I was asked in October to hand notes in again and have now 9 months down the line been awarded and backdated to October 22. It shows in my journal that the months and months after were me messaging saying I'm not getting any extra as you say I'm on LCW. But have not had to meet a single fraction of the criteria you have to do in commitments and work focused interviews. It says I have but not once have I had to go or speak of work and not once has the word been bought up. Even zero in my hours committments. I've mentioned that not once I was made aware through the months and months of me pleading for a correct answer that doesn't contradict everything they were saying. Can I not appeal that period as clearly it shows on my journal I've not ever had to attend the job centre or even soeak about work. Ever
  • Keith40
    Keith40 Community member Posts: 12 Listener
    Hiya....just thought I'd inform you of a decision that has been made in my favour. With the 2 days of worry, and submitting a mandatory decision, not towards my lwcra decision recently...that has been backdated to October. But I appealed them to look at Jan 22 to Oct 22....when I was awarded lcw. They have relooked into it and I told them I was unaware I could of appealed it within 13 months, which has passed. They've actually awarded me lwcra from the Jan 22 and said their initial decision was wrong. 
    I took what I thought was a gamble and actually went in my favour. 
  • Adrian_Scope
    Adrian_Scope Posts: 10,935 Scope online community team
    That's such great news @Keith40, I'm glad they've looked at the whole thing again and it has gone in your favour. 
    Community Manager
    Scope

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