Lcwra backdated pay

Ashleyb1

I gave them a phone they said they cant tell me, only by post they can, you wouldnt know how long it takes for them to send the letter after they made a decision? 

poppy123456

As you're claiming Universal credit then it should tell you on your online journal, you'll need to check that.  If you live in the UK then i've never known them refuse to tell you the decision by phone before. Letters from DWP can take anything up to 10 days.

Ashleyb1

Got nothing in my journal and they said they cant tell me what it is over the phone, so not sure what's going on there.its just worrying if that means anything like is it good or bad

poppy123456

If a decision's been made they usually put a note on your online journal. They also usually tell you the decision on the phone, whether it's good or bad news. Did they tell you why they can't tell you the decision on the phone?

Ashleyb1

Not really they just said they are not aloud to tell me over the phone it has to be done through post, they didnt say if It was posted or a time scale on when I would receive the letter so I'm kind of left in the dark

poppy123456

It feels like the decision hasn't been made because like i said, they usually put it on your journal for UC. As they couldn't even tell you if a letter was on it's way to you, it all seems rather odd to me. Did you ask for a copy of the assessment report, as i advised? This can be useful if the worst happens and you're found fit for work or placed in the LCW group and you need to request the MR.

Ashleyb1

It's all abit confusing cause she said a decision has been made so I'm not sure what's going on going to ring again tomorrow and ask to speak to someone who knows abit about it all

Ashleyb1

Just phoned again now there saying a decision hasnt been made, I dont see why there messing around with me

Ashleyb1

Got my decision now been put in lcw can I appeal this decision as I cannot leave my home nor  can I do anything on a computer as I dont have one and cant afford to buy one.

poppy123456

Ashleyb1 said:

Just phoned again now there saying a decision hasnt been made, I dont see why there messing around with me

That's exactly what it thought because if it had been made then they would have told you the decision yesterday. They would have also told you a letter is on it's way to you. Unfortunately, there's nothing you can do until a decision's been made, apart from request the report as advised.

Ashleyb1

I have my decision now and been put in lcw can I appeal it

poppy123456

Yes you can and the first step to this is to request the Mandatory reconsideration and you have 1 month from the date of the decision to request this. Before doing this you should take a look at the descriptors for LCWRA because unless any of them apply then you need to consider if it's worth requesting the MR. Also take a look at reg 35 which is special circumstances.

All explained in the following links but i've put the Support Group descriptors (ESA) it's exactly the same but easier to understand and explained better the LCWRA.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

reg 35 explained here. http://www.cpag.org.uk/content/making-exception

Ashleyb1

From reading the descriptors I'd fall under 12,13 and 14 so if that is the case would that qualify for lcwra?

poppy123456

It will depend on how your conditions affect you whether you'll be successful with this. If you're claiming for mental health then activity 14 you would need to have on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

For activity 13 you would need to experience significant distress with social contact.

For activity 12 you would need to show that you cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.

I would advise you to get expert face to face advice from an advice centre near you.

Ashleyb1

Would they do a home visit?

poppy123456

I know CAB doesn't but i have no idea about welfare rights or a law centre. See this link for what's available in your area.

https://advicelocal.uk/

Did you have a face to face assessment? if so did you attend this alone or take someone with you?

Ashleyb1

I did appeal the decision they have accepted it and decided to put me in lcwra and it says on the letter "you have been awarded this from 03/07/17 when you first declared your health condition" does this mean I'll be backdated to this date?.

poppy123456

Do you mean you requested the MR and they changed the decision from this? If so, there's a waiting period of 3 months for UC, so it's paid from the 4th month of your claim starting from when you sent in your first fit note.

Ashleyb1

Yes they changed there decision to lcwra and says I've been awarded from 03/07/17 when I first declared my health condition 

poppy123456

Great news. There's the waiting period on top of that.