LCWRA

gardengnome

I have been awarded LCWRA 🥳 However I was expecting back pay as I first handed in fit notes in October 2022, and reported new health condition same time.  

I asked my work coach if I needed to hand in anymore for health assessment for new health condition and she told me no, no further fit notes needed and she would refer me for assessment . 

 Fast forward to May this year I hadn’t heard anything so asked what was going on, they said because I didn’t hand anymore fit notes in the process for assessment wasn’t triggered. They apologised for telling me the wrong information, and said if I get a fit note back dated to my last one (which I did) they would back date to first note in October 2022 if successful. 

I made a complaint as they told me the wrong information, and I’m now waiting for the decision maker to look at my back pay. Really annoyed by all of this as I previously told wrong information by UC back in May 2022 too 😟 am I likely to be owed any back pay? 

Adrian_Scope

I couldn't say for certain @gardengnome but if you have their advice in writing it might hopefully help in your favour. 
It's frustrating and sadly you're not the first person I've heard of this happening to. I hope you have a positive outcome from the decision maker. Would you let us know what they decide? I'd be interested to hear how it goes.

gardengnome

Yea of course thank you. Would it be worth putting in an official complaint to dwp? I only added I’d like to make complaint about this to manager on my journal but nothing was ever done 

Albus_Scope

Hi @gardengnome, first congratulations on the result! Even if it's not 100% how you hoped it'd turn out.
Personally I always think it's worth putting in a formal complaint if you feel the person has given you wrong or bad advice. For their records and also so we can all hope it doesn't happen again to someone else. But that's just my personal opinion.

 I'll keep my fingers crossed that the decision awards in your favour. But keep us updated please.  

bg844

gardengnome said:

Yea of course thank you. Would it be worth putting in an official complaint to dwp? I only added I’d like to make complaint about this to manager on my journal but nothing was ever done 

For a UC complaint use the link below:
https://makeacomplaint.dwp.gov.uk/

If there's still no shifting within a month, it'll then be time to contact your MP who are really good at getting any sort of benefit problem resolved. To find your MP and their contact details, see:
https://members.parliament.uk/FindYourMP

gardengnome

Thank you 😊 how long should I leave it until I ask for an update with backdating, as it’s been 2 weeks already. I was awarded within 2 days so was really hoping I’d hear back about this abit sooner 

Adrian_Scope

I've heard of people waiting up to 6 weeks or more for decisions on backdated payments @gardengnome. If you haven't heard by the end of your assessment period, you might be able to ask for it to be escalated. 

gardengnome

Thank you 😊 

L_Volunteer

How are you feeling whilst waiting @gardengnome? 

gardengnome

I’m okay ish, I have a chronic pain condition which has flared up so just taking it easy. Just abit worried I won’t get the backpay which would be so so helpful 

gardengnome

I got a message on my journal today after asking for it to be escalated, saying that as far as they can see no back is due. Asked if there is a official decision from decision maker and that I’d like to make a complaint, they replied see GOV website to make complaint and they will refer this for a mandatory reconsideration for me. I’m so worried they will take my lcwra away completely I didn’t want a MR I’m now so scared I will lose the money 

poppy123456

The LCWRA decision will not change by you requesting the MR on the decision not to start the award from October 2022.

Weren't you receiving reminders to report fit notes? If you reported a change of circumstances and then reported your health condition this way then you should have been receiving reminders running up to when the first fit note was about to expire.

gardengnome

Ohhh phew thank god for that, thank you. 😊 

and yes I did, I asked when I got reminder if I needed to hand any More fit notes in, or will the assessment happen automatically now. My work coach told me no more fit notes needed and that they’d be in touch when due for review. I was diagnosed with something called Huntington’s Disease at the time of all this happening with UC, so I really wasn’t thinking properly or straight and just waited months (until April) to ask what was going on to be told nothing as I hadn’t handed more fit notes in (by the way, the Huntington’s isn’t effecting my yet thankfully, it will effect me when I’m about 65)

gardengnome

Am I also right in thinking that becuase I was previously LCW, that there is no 3 month waiting period? I gave fit note and reported new health condition and asked for assessment on the 14th November 2022 (fit note expired 30th nov and I got a fit note backdated from May 31st 2023 to 1 December 2022)

poppy123456

Yes, you're correct there's no waiting period for you because you previously had LCW.

gardengnome

Thank you 😊 I’m not sure I’m even going to get any back pay, I don’t think I’ve got energy to fight and take to tribunal if I’m honest 

gardengnome

Hi again - is mandatory reconsideration the same as being sent to decision maker? As I was told they would sent it to decision maker on the 8th September.. now they are saying they will send it for MR? I asked for official decision from decision maker and they just ignored me 

poppy123456

Only a decision maker can make a decision, whether you’ve requested an MR or not. 

gardengnome

Thank you, but they said they sent to decision maker on the 8th, now said they will send for MR. Confused why it wasn’t sent back on the 8th

gardengnome

Hello poppy, I just wanted to let you (and everyone else) know that I’ve been awarded the backpay to when I first handed my fit notes in. Thank you so much for everyone’s help. Really pleased I didn’t give up I’ve been super lucky in regards to hearing back this quick too, and am really appreciative I found out so quickly! just got my pip renewal to do at some point soon now! 🤞 

poppy123456

Glad to hear they final paid what was owed to you, which should have been done at the start. I see so many threads here where UC haven't paid what is owed to them and it's so wrong. It really does make me so angry.

Good luck with the PIP review and please remember to treat it as a new claim, even if thee's been no changes.