Help with LCWRA?

c931823

I had a health assessment August 17th 2023, was awarded LCW not LCWRA. Applied for mandatory reconsideration, still LCW not LCWRA. I recently last week took it to tribunal as was unaware I could do this, provided all appropriate evidence, it was lapsed in my favour, they will tell HMCTS of this and I am now considered LCWRA. I was wondering if I will be backpaid, as my journal states "HMCTS have been informed of this. You will be notified separately of any arrears that are due to you.  "and if so from when? I first provided a fitnote May 30th covering from April 2023. My payment days are usually 26th if this is of any help. Thanks for any help here, apologies if i missed anything

c931823

Apologies, my fit note began 30th april 2023 to May 2023, and another was then provided in June 2023 and I believe this had no 'end' / they accepted it / didn't need to provide more if that makes sense 

poppy123456

What date do you usually receive your money each month?

c931823

@poppy123456 my universal credit i receive on the 26th of every month

c931823

@poppy123456 they have calculated it from 20th november to 19 february 2024, but i first submitted a fitnote in may from april 30th, am i owed more? 

TommyUK

c931823 said:

@poppy123456 they have calculated it from 20th november to 19 february 2024, but i first submitted a fitnote in may from april 30th, am i owed more? 

Providing there were no GAPS in your sicknotes you should be backdated the difference on the award amount.

c931823

@TommyUK thanks so much - i provide fitnotes from 30th april 2023 to 30th may 23, then 30th may to 30th june. they decided in august after my health assessment that i need not provide more fitnotes. would i be entitled from 30th april? i rang it's been sent to case manager - the calculated payment is 1170 and the dates stated are 20th november 2023 to 19 feb 2024.

poppy123456

When was the original decision made on the work capability assessment? 

It will not be from April 2023 because there's a full 3 months waiting period. It's then paid from the 4th month, with first payment being the end of that month. 

In. previous comment, you said you first submitted a fit note in May but that covered from April, when working out when it's paid from they don't usually accept a backdated fit note. 

c931823

@poppy123456 thanks so much for your response - 17 August 2023 was when the LCW but not LCWRA decision was first made 
The fitnote was provided in May, dated 30th april to 30th may.
Another provided 30th may to 30th june.
In august they stated i need not provide more fit notes. 

poppy123456

This will be why they haven't started your waiting period from May because your last fit note ended on 30th June.

Was there any reason why you didn't continue to send them until the decision was made in August? You are supposed to send them without any gaps until the decision is made. Gaps can affect when the extra money is paid from, which is what has happened here. 

Seems like they have started the waiting period from when the decision was made which is why it's from 20th Nov to 19th Feb. 

c931823

@poppy123456 thank you for your reply -  I sent 2 fit notes from April 30th to May 30th then 30th may to 30th june.  june to july i was in discussion with them about the health assessment and they didnt ask for me - It was august they decided i need not send more fitnotes. sorry if i missed information 

poppy123456

That's still a gap and you should have made sure there were no gaps. You also said that your first fit note was reported in May but dated from 30th April, as I advised, they don't usually accept backdated fit notes. 

You can ask them to look at the decision again for when to pay the extra money from and it will be down to a decision maker to make the final decision. You will need to tell them the reason why no fit note was provided from 30th June. 

Bashford61

I have to ask If I have read the pdf letter correctly I have been awarded LCWRA, if that is so do I get the £390 or whatever it is a monthly Payment?  would the wording be different if I only got LCW?

TommyUK

Bashford61 said:

I have to ask If I have read the pdf letter correctly I have been awarded LCWRA, if that is so do I get the £390 or whatever it is a monthly Payment?  would the wording be different if I only got LCW?

Yes you have been awarded the FULL amount and will be backdated the payment in due course. They will calculate this for you and let you know separately.

If you was awarded LCW it will have been said in the award letter. 

Bashford61

Thank you TommyUK . Universal credit site has still not answered me I asked them days ago .

poppy123456

TommyUK said:

Bashford61 said:

I have to ask If I have read the pdf letter correctly I have been awarded LCWRA, if that is so do I get the £390 or whatever it is a monthly Payment?  would the wording be different if I only got LCW?

Yes you have been awarded the FULL amount and will be backdated the payment in due course. They will calculate this for you and let you know separately.

If you was awarded LCW it will have been said in the award letter. 

Am I missing something? I can't see a PDF letter here to know for sure what the decision was. They also haven't give any information to advise whether there's any money owed because it's not paid at all during the waiting period. Not everyone is owed any money. 

Bashford61 said:

I have to ask If I have read the pdf letter correctly I have been awarded LCWRA, if that is so do I get the £390 or whatever it is a monthly Payment?  would the wording be different if I only got LCW?

If the decision was LCWRA then the letter would have said "Limited Capability For Work Related Activity" 
If it was LCW then it would have said "Limited Capability For Work."

If it's LCWRA what date exactly did you provide your first fit note?
What date do you usually receive your money each month?