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Dwp said im not entitled to the backdated LCWRA payment

andrea814

So handed in the first fit note in January 2023 and have been handing them in for a total of 1 year and 10 months I have filled out the health capability 3 separate times twice in 2023 however only the 3rd form was recieved in 2024, I was awarded LCWRA finally in September 2024 we are just going in to January when I will recieve my first payment on the new rate, however I have been told by several people who had waiting periods similar to mine they recieved backdated money from the 3rd month of fit notes, however now im being advised by the dwp im not entitled to the backdated money, which means they are only looking at the fitness from June 2024 when I filled and sent my first 2 forms away In 2023 its their mess up so how come everyone else i know got their backdated pay but the DWP are saying I'm not entitled to it

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Comments

Kimi87

Did they give a reason?

You can ask for a Mandatory Reconsideration of the decision not to apply the waiting period back to your first Fit Note.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/challenging-a-benefit-decision-mandatory-reconsideration/

andrea814

All they replied was this

[image removed by moderator - personal information]

Kimi87

Please remove & repost with your name blanked out, Scope doesn't allow personal details to be shared on the forum.

Community_Scope

Hi @andrea814 as Kimmy has said, we dont allow personal information to be posted on the community, this is for your security. So I've had to remove the image. I hope you understand.

andrea814

I understand this was their reply.

Based on your own personal circumstances, LCWRA will first be paid on 08/01/25. There is no backdated LCWRA award due in this instance.

Best Regards,

Kimi87

I have no idea why they've refused the backdate.

I can only advise you do the MR against the decision not to backdate to your first Fit Note.

andrea814

Thank you kimmy

poppy123456

Was this your first work capability assessment?

Did you provide fit notes constantly without any gaps for the whole time right up until a decision was made? If any of those fit notes were backdated then this counts as a gap and is not usually accepted. If you have access to a journal you can check that to see if there were any gaps or backdated fit notes.

andrea814

Yes all fit notes were provided from the 12th January 2023 my last one actually finished this month however my 3rd filled in form was recieved September of this year was the only form theu claimed that they had received my first 2 being in 2023 this had apparently gone to a decision maker I had never heard back from that at all then September I was to hand in another form I then had a phone call in November and was told they had more than enough to make their decision ended the call within 15 minutes and I had recieved the award before December I've stated with them when my first fit note was handed in there has been no breaks as they had gone from monthly fit notes to 3 monthly fit notes at a time, however it appears they are only looking at the 3month prior to the 3rd form trying to communicate with them to get answers this month has been brutal b