Won appeal moved from LCW to LCWRA

JSW

Hi There
This is my first post so I hope I can make myself understood.
My question is regarding my wife's ESA claim.
My wife was on SDA for many years and eventually transferred to ESA in 2015.
She filled in the form they sent her and she was awarded Cont based ESA and placed in the WRAG.  After a year her payments stopped in April 2016 but by this time her Epilepsy had got a lot worse so we inquired about getting her moved to the support group and sent in the ES50 form in March 2016. After an extremely long wait and many phone calls she was eventually called for a medical assessment in August 2017. On 28/08/2017 the decision maker decided that my wife had LCW but did not have LCWRA. After obtaining a negative response to her reconsideration application my wife took the matter to an appeal.
We were very happy to be told that my wife's appeal was allowed .
The decision notice from the FtT says she has LCWRA and the decision made by the Secretary of State on 28/10/2017 is set aside.
I have been searching advice pages on the internet to try and establish what happens next.
I'm hoping that my wife's payments for Cont ESA will be resumed and can see no reason why they shouldn't be. As the DWP took so long to handle this process they should really be backdating her payments imo but I wont hold my breath on that one.
Its only been a week since the appeal so I suppose they could appeal but the tribunal even said they recommended she should not be reassessed. 
We are basically wanting to put our minds at rest in case there is any way the DWP can get out of restoring her payments.
Anyone got any thoughts on this matter would be much appreciated. 

Pippa_Alumni

Hi @JSW, and welcome to the community! I hope you find the above response helpful and if there's anything else we can assist you with, do let us know.

jojacks82

Hi, 
My mandatory reconsideration for lcw has gone in my favour, 
I am now considered as having lcwra. 
I was given Icw at the beginning of Jan and it was backdated so I received an  extra, now that I appealed and was granted lcwra will my benefits go up again? 
Many thanks

Pippa_Alumni

Hi @jojacks82 and welcome to the community!

I wonder if @Username_removed can offer any input here?

jojacks82

Hi pippascope, 

CockneyRebel

Hi jojack  and welcome

If this is UC claim ?
When did your claim start ?
was it before 3 April 2017 ?

CR

jojacks82

Hi cockneyrebel, 
Yes my claim was before 3 April 17, 

CockneyRebel

is it UC or ESA ?
Do you have an IR element ?
Do you get PIP ?

CR

jojacks82

It is Universal credit, 

CockneyRebel

If you have a disability or health condition or care for an adult who does

How much you’ll get	Extra monthly amount
If you have limited capability for work and work-related activity	£318.76
If you have limited capability for work and you started your Universal Credit or Employment and Support Allowance (ESA) claim before 3 April 2017	£126.11

jojacks82

Thanks for your help

tania1973

Hi. I have been on universal credits for 4 years. Up until 3/1/18 I was getting the LCWRA. Then I got moved to LCW after my last assessment. I have had my appeal allowed. And i am to be treated as having LCWRA. The Secretary of state's ruling from 3/1/18 set aside with a recommendation i should not be reassessed from the date of the letter. Which is dated 29/10/18. I can see that JSW's wife had the same appeal allowed. Does anyone know if it was contested by the DWP? How long will i wait for it become official? Do i get backdated payment to 3/1/18? 

poppy123456

It will be backdated to when LCWRA stopped. It can take 6 weeks or more for LCWRA to come into affect, the same as payment.