Advice Wanted on ESA & LCWRA

DavidL

Apologies but I always make entries far too long. I am 65, 10 months from the state retirement age of 66. I have not worked for about 10 years due to (1) being the main carer for my wife until her death, (2) after her death being in a dreadful mental state and considered suicidal, (3) even some years before her death I started developing a minor tremor which is getting worse and a neurologist at Milton Keynes University Hospital that I have seen this last few months, believes I have Parkinson's Disease and also I fell late October 2024 and woke in a pool of blood and spent several days in MKUH with beautiful nurses caring for me.

I receive universal credit and housing benefit.

I have been awarded the lower rate for both parts of PIP, yippee, and was also advised to apply for ESA but was turned down due to only having, from memory, the last few years of Class 4 National Insurance Contributions. January 2025 I received notification that "We have decided you have limited capability for work and work related activity… Payment of extra money usually starts 3 months after you submit your first fit note". My first fit note was getting on for a year ago but I only applied for LCWRA possibly 6 months ago so will the date for any award be backdated to the first fit note?

With my wife we once met someone employed as a benefit's advisor who was very confident of his own knowledge and abilities only he gave wrong advice and for me as a lay person trying to understand any of the benefit system is almost impossible as things are so very complicated.

poppy123456

Sorry for your loss. For the LCWRA element there's a full 3 month assessment period waiting time. The extra money is then paid from the 4th month after you provided your first fit note. first payment is then at the end of that month. It's not paid at all during this waiting period.

Before I can advise I need a little more information.

1/ What date exactly did you provide your first fit note?

2/ What date do you usually receive your money each month?

3/ Did you continue to provide fit notes without any gaps right up until the decision was made on your claim? Gaps include any backdated fit notes you may have provided because they don't usually accept backdated fit notes.

DavidL

Hi Poppy Thank you for replying. I stated before my written work goes on and on, kind of like Shakespeare or War & Peace.

The UC Journal is not easy to search through so I have spent several hours preparing this and I got totally confused, just as anyone reading this will also get confused. I think the relevant fit notes started April 2024 but I have included earlier.

14 Feb 2022 Declare a new fit note completed

6 Feb 2024 On at least 2 occasions different Milton Keynes doctors have considered me at risk of suicide. Way things are going maybe they will think the same again

15 Apr 2024 Provide Fit Note completed

22 May 2024 Fit note expiry

22 Jun 2024 Provide a fit note: deadline extended

30 Jun 2024 Some weeks ago I received a text message from PIP saying my PIP form had arrived. PIP were due to phone me 12 June but did not. Then they sent me another form so I phoned explaining things and was told no need for me to complete and return the form and they will use the form already sent to them.

7 July 2024 PIP phoned

23 Jul 2024 Can a fitness for work assessment kindly be arranged for me?

26 Jul 2024 Hi David I have extended your deadline to provide a fit note by 8/8/2024

9 Aug 2024 Health - declare a new fit note completed ESA 92 days sick note from GP because of Parkinson's Disease

14 Aug 2024 Provide Fit Note completed

16 Aug 2024 Text to my phone: PIP awarded

28 Aug 2024 Thank you for submitting your fit note. You will receive a questionnaire like before, asking questions about your health

2 Sept 2024 Quick update: letter telling me I am not entitled to ESA so I have repeatedly tried logging onto Government Gateway to check my NIC and request an access code and messages keep appearing saying an access code has been sent to my Hotmail but no code and also phoned various HMRC numbers to enquire about NIC but automatic replies saying number are out of use and to use online services instead

4 Sept 2024 Please find the details of the national insurance enquiry line - Class 1, 2 and 3 National Insurance enquiries 0300 200 3500

12 Sept 2024 I've contacted your Work Coach and asked them to refer you for a Work Capability Assessment and hopefully you can be assessed for this and found unfit for work so you don't have to look or worry and stress about it.

1 Nov 2024 at 9:30am Fit note expiry

14 Nov 2024 Last week I explained my FIT Note was expiring and I wanted to get another note and was told to speak to the receptionist and was told I must see the GP about the note which will be Friday 29 November.

22 Nov 2024 Fit note expired, final reminder.

23 Nov 2024 FIT NOTE FINAL REMINDER The receptionist at my GP surgery informed me I cannot obtain a FIT note without first seeing my GP and the first available appointment which I booked a month ago was Friday 29 November, nothing I can do about this situation.

29 Nov 2024 Provide Fit Note completed

7 Jan 2025 Hi David you have been found to have Limited Capability for Work and Work Related Activities and we have been asked to review your circumstances again in the future.

(1) First fit note 15 April 2024. My first question you set was possibly easy.

(2) My next payment day is 24 January 2025, so payment made on the24th of each month. Thanks again Poppy that was another easy question you asked me to answer.

(3) Yes, there are gaps in the fit notes but UC understood this and I think they backdated each time to allow for this. For each new fit note I needed an appointment with the GP and I could not even make an appointment to see the GP until the last fit note had expired. GP willingly backdated but my health condition was getting worse for all 2024. No criticism of receptionists at my6 health centre but they have more patients wanting appointments than available appointments.

Hope that this makes sense to you as it is as clear as mud to me. Any more questions please let me know. David.

Kimmy87

Unfortunately gaps in Fit Notes will effect the waiting period. The rules are for the LCWRA waiting period they must be provided without any breaks and you have several.

Therefore I believe your timeline will be:

November/December: Partial AP, excluded from waiting period.

December/January: AP 1

January/February: AP 2.

February/March: AP 3.

March/April: Eligible for LCWRA element.

24th April: First LCWRA element paid.

No money is owed in backpay.

Sorry it's not better news.

DavidL

OK Kimmy thanks for your reply, so how can anyone get continuity when it is the GP who issues the fit notes or keys to the castle when people like me can't even get to see our overworked GP to get fit notes on time?

Kimmy87

I don't make the rules. You would need to take that up with Liz Kendal and/or your MP.

At my GP surgery Fit Note requests can be made online or via Reception so it's not usually as hard to get them as you found it. After you've seen the GP once for the same problem it's easy to get them issued.

DavidL

I don't want to play online community ping-pong going backwards and forwards with comments but many of our MPs spend so much time congratulating themselves on how wonderful they are and what a great improvement they make to peoples lives much of which is fantasy, while all the while some at least have their sticky fingers in the till and all sorts of backhanders including fancy clothes and expensive glasses, and all that has gone very quiet awaiting the results of "an inquiry" into their relationship. Said of politicians: He had a left pocket, a right pocket and a back pocket, if you know what I mean. Remember the lies about so many new hospitals would be built. All untrue, a few had major repairs and upgrades, but promises sound good.