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Finally DWP admitted errors and have apologised but.....

RansonRanson Member Posts: 23 Connected
edited April 2019 in Universal Credit
I have no idea if I'm right sub forum or even if this the website to ask.
In short I was signed off sick in June 2018. For multiple reasons I wasnt paid ongoing UC (I had been in receipt of job seeking payments under UC no break in payments) and finally in January 2019 I was profusely apologised to with DWP admitting multiple failures and was paid for the complete missing months........ Because I was now under under sickness umbrella was sent off (finally) for assessment start of this month (big back log my area) and was immediately within 48 hours receiving a journal entry of unfit for work you're entitled to higher rate etc etc.
Now the reality is that the assessment should have been undertaken clearly in summer of last year not april of this year....Am I entitled to the arrears from June 2018 until current date and ongoing obviously ??  The sick notes are obviously from June 2018
If I am I havent been paid it

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    If you were given LCWRA then the extra payment of £328 is paid from the 4th month of your claim starting from when you sent in your first sick/fit note. This is only paid if LCWRA it's not paid if you have LCW.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • RansonRanson Member Posts: 23 Connected
    edited April 2019
    @poppy123456 thank you for your respobse. Am not up to speed on these abbreviations though. I have been told yes via journal it was £328 extra per month  ??
    So does that mean roughly from October 2018 (4th month after) there should be arrears of £328 paid till current times ??
    Apologies if I appear little confused. My MP who got involved in my case said it was the worst case he had ever seen of UC problems albeit DWP completely admitted it
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    LCWRA is limited capability for work related activity and yes this pays the extra amount. If October is the 4th month then yes that's when it will be backdated to. Payment will most likely be from the up until your last assessment period, what ever date of the month that is. It can take a few weeks to receive payment.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • RansonRanson Member Posts: 23 Connected
    Hi Poppy
    Thank you for your help it does appear that I "should" get it at some point. I note you say can take a few weeks to update. The journal entry confirming the extra £328 was only on the 11th April and it mentioned arrears but I had a normal payment date on 23rd April where only the normal amount was paid. Thats why I came on here and queried it
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problem. You could either ring them or put a note on your journal.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • RansonRanson Member Posts: 23 Connected
    Hi Poppy
    Here we go again I despair. I queried via the journal yesterday but have received notification back in precis saying yes whilst its  paid from month 4 in your case the length of time involved is extensive (lol its entirtely their fault) between receipt of first sick note and current date. As such we have taken it taken it from the time "we" admitted fault in January 2019 and hence the 4th month process starts then
    Unreal simply unreal. Can I appeal this Poppy.??  They admitted fault on multiple fronts period yet now penalise ME for it !!
  • RansonRanson Member Posts: 23 Connected
    Apologies for spelling above am somewgat upset here
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Sorry, i'm confused. I wouldn't say the length of time is extensive. Some people are waiting a lot longer than that for a work capability assessment and decision. LCWRA is paid from the 4th month of the claim from when the fit notes were first sent it regardless of how long it takes.

    What i'm not understanding here is the part where you said "I wasnt paid ongoing UC (I had been in receipt of job seeking payments under UC no break in payments)"

    Where you claiming JSA before your claim for UC started? JSA and UC are slightly different.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • RansonRanson Member Posts: 23 Connected
    No Poppy apologies what I meant was I was in receipt already of Universal Credit in the first part of 2018 (originally july 2017) under the work programme whereby you have to look for work. The sick/fit notes kicked in June 2018 but there was no break in any claim under UC.. The issue was simply the system couldnt cope (ludicrous I agree) with the switching to fit notes...my cancer got worse and worse but went into remission at Christmas last year....however that was only one small part of ongoing illness

    Hopefully that makes more sense ??  I do appreciate your help believe me

    Ray
  • RansonRanson Member Posts: 23 Connected
    Sick of this. Apologised to profusely regards previous appalling treatment plus payment received finally. Now they are witholding (cant be any other reason) the higher rate payments that should now be included by their own journal entry
    Am back to square 1 with them ignoring journal entries with me simply asking them to clarify the position.
    This is exactly same treatment I had last year. Ignore ignore ignore and force the claimant to go to their MP to get redress

    I'm tired and exhausted
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They are supposed to check journals daily but they rarely do. This is why it's always much better to ring them.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • RansonRanson Member Posts: 23 Connected
    They are supposed to check journals daily but they rarely do. This is why it's always much better to ring them.
    Hi Poppy
    Yes it would be great if they answered the phone lol.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hi @Ranson, this all sounds very stressful and confusing. 
    Did you receive a decision letter about your LCWRA award? Did it state anything about backdating on there and were there any breaks in your sick notes between June 2018 and your assessment at the start of this month?
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • RansonRanson Member Posts: 23 Connected
    Hi @Ranson, this all sounds very stressful and confusing. 
    Did you receive a decision letter about your LCWRA award? Did it state anything about backdating on there and were there any breaks in your sick notes between June 2018 and your assessment at the start of this month?
    Yes decision letter of 11th April confirmed LCWRA award and mentioned back dating. No breaks in Sick notes whatsoever Adrian.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Does it give a date they will back date to? 
    What were they apologising for in the January letter, that you were still waiting for an assessment? 

    Sorry for all the questions, I just want to be sure I’m understanding correctly. 
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • RansonRanson Member Posts: 23 Connected
    Does it give a date they will back date to? 
    What were they apologising for in the January letter, that you were still waiting for an assessment? 

    Sorry for all the questions, I just want to be sure I’m understanding correctly. 
    Hi Adrian
    Its clear from a journal entry of 17th April from DWP that they are confused themselves. Whilst its not an excuse I think its different departments not talking to each other
    In short 2 events happened within 6 days of each other. On the 5th April DWP admitted I had live sick notes dating back to last year and should have been paid normally. I subsequently was in one large payment
    Now overlapping that an ongoing assessment result came through granting the LCWRA award and the backdating of it. In addition there are 2 DWP entries from different people contradicting themselves.
    One entry from DWP saying first higher rate payment would be 29th May. I have already received the higher rate on 28th April lol....(That is obviously someone not aware that the claim is live from last year)
    Just before answering this have just put another polite journal entry asking them to review all 5 entries from the 5th April. A third party reading would just laugh and think what on earth are they doing there
    Because of the rather large backdating payment originally (at normal UC rates) I'm not short of money obviously however as I'm told it will be backdated at the higher rate as per award its fair to say I would like to receive it
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    LCWRA element is paid from the 4th month of your claim starting from when you sent in your first fit note, this is because there's a 3 month waiting period and UC is paid in arrears so from the 4th month is when you'll be entitled to the element. I make that September 2018, if your first fit not was sent in June 2018.

    What do you mean by this? Because of the rather large backdating payment originally (at normal UC rates) I'm not short of money

    Are you saying that you received the LCW rate instead? £126 per month instead of the £328 per month?

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • RansonRanson Member Posts: 23 Connected
    LCWRA element is paid from the 4th month of your claim starting from when you sent in your first fit note, this is because there's a 3 month waiting period and UC is paid in arrears so from the 4th month is when you'll be entitled to the element. I make that September 2018, if your first fit not was sent in June 2018.

    What do you mean by this? Because of the rather large backdating payment originally (at normal UC rates) I'm not short of money

    Are you saying that you received the LCW rate instead? £126 per month instead of the £328 per month?

    I had received absolutely nothing for over half a year. The large payment came from the housing element of UC plus the basic £317 a month, £408 (housing element) so £725 a month back dated for half a year hence large sum
    That £725 has increased by an additional £328 now from the higher award from 28th April (the award letter of 11th April)
  • RansonRanson Member Posts: 23 Connected
    Hopefully that makes sense now
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes, it makes sense now. Thanks for explaining that and yikes that's a very long time to go without any money. Hopefully they won't keep you waiting  much longer for that LCWRA element to be paid from September.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • RansonRanson Member Posts: 23 Connected
    Yes, it makes sense now. Thanks for explaining that and yikes that's a very long time to go without any money. Hopefully they won't keep you waiting  much longer for that LCWRA element to be paid from September.

    Thanks Poppy I gave 75% of the money to my mum who had bailed me out for such a long time. At least I am in payment now at the higher rate (or any rate lol) but obviously it would be nice to get the additional from around September of last year as it seems am perfectly entitled to it

    Out of interest and havent touched on it really here was the DWP excuses originally last year. In short they blamed the total failure on switching from the old UC payments under the work programme onto the "live" system under sick notes. They have apologised profusely I will acknowledge but I do wonder why it took my MP to get involved before someone reviewed the account in depth. Easy for a 3rd party to say how did it get that bad (appreciate you are not) but when you're fighting Cancer, ME, fused discs in spine plus the chronic Fibromlygia the fight goes completely out of you
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hi @Ranson, that's really interesting, I have been pondering this today and was going to ask whether you knew when your area went from "live" to "full service" and if your claim began back when you were only in "live service". 

    It's rare, but sometimes when someone is awarded LCWRA, full service will only backdate for the duration the area was "full service", it could well be that the additional period (Sept/Oct) to end of Dec, your area was still "live service". The two systems don't communicate and from what you're saying, it sounds like the "live versus full service" is what has caused these problems.

    Hopefully now they're aware of the issue they will get your account sorted out quickly, backdating everything that you are owed. 

    Please keep in touch and let us know how this progresses.
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • RansonRanson Member Posts: 23 Connected
    Hi @Ranson, that's really interesting, I have been pondering this today and was going to ask whether you knew when your area went from "live" to "full service" and if your claim began back when you were only in "live service". 

    It's rare, but sometimes when someone is awarded LCWRA, full service will only backdate for the duration the area was "full service", it could well be that the additional period (Sept/Oct) to end of Dec, your area was still "live service". The two systems don't communicate and from what you're saying, it sounds like the "live versus full service" is what has caused these problems.

    Hopefully now they're aware of the issue they will get your account sorted out quickly, backdating everything that you are owed. 

    Please keep in touch and let us know how this progresses.
    Hi Adrian

    Yes I will do of course
  • RansonRanson Member Posts: 23 Connected
    Just to update from before have got absolutely nowhere via Journal and via telephone. They are completely confused on the phone its clear its the switchover from the old system to the new thats causing the issues again.
     I have today sent a physical letter recorded plus an email to a contact I had from December, plus one further journal entry choosing "service" this time instead of work coach or one of the other options that I previously used
    How can this be so difficult lol
  • RansonRanson Member Posts: 23 Connected
    I've got absolutely nowhere with this. The system cannot recognise the backdated period that was missing.....they are stating the 3 month waiting period which I fully understand started from a much later date than the accepted sick notes dictate....
    I dont know what to do here now.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Expert face to face advice is definitely needed here. This link will help you find what's in your area. https://advicelocal.uk/

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • RansonRanson Member Posts: 23 Connected
    Expert face to face advice is definitely needed here. This link will help you find what's in your area. https://advicelocal.uk/

    Thank you Poppy.....whats so frustrating is that I can see where the error is but the DWP are opening my "account" and the screen is telling them the claim is actually from a later date. The crossover in the system is 99.99% to blame here.
    The DWP are looking at a screen (fair enough) telling them a wrong date to apply the higher payments from. Thats "all" is thats wrong here. So frustrating trying to get the point across

  • RansonRanson Member Posts: 23 Connected
    Have just spent another half hour compiling a journal entry in a "simple" format that even a 5 year old could understand but obviously not in a way to cause offence to them.
    I can honestly understand how people commit suicide over these things.
  • RansonRanson Member Posts: 23 Connected
    Can someone who is certain of the correct answer (or as certain as you can be) please respond to this question.

    "When you are awarded the higher rate payment as I have through sickness (thats not in doubt) does the 3 month  "waiting period" start from the very 1st day that a sick note was originally provided OR from a date that the DWP decide...."  ??
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It starts from when you sent in your first fit note and payments then start on the 4th month of your claim, if you weren't previously claiming ESA assessment rate.  See link and scroll down to waiting period. https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • RansonRanson Member Posts: 23 Connected
    Right thank you. I didnt want to "lead" with my question as such. So in my case the DWP have ignored your correct statement and decided on an arbitrary date instead. I cant put it any other way and I'm knocking my head against a brick wall.

  • Hart86Hart86 Member Posts: 394 Pioneering
    This is definitely a live to full service problem and sounds like they’re not accounting for the time you were handing in sick notes while under live service!! It’s probably inactive but if you still have anything from when you applied and the live service number it’s them you will need to speak to about having your sick notes from back then recognised and passed over to full service. It’s absolutely ridiculous the two services didn’t talk and reading all the problems it has caused you it’s had something pretty horrific consequences to people’s claims!!! 

  • RansonRanson Member Posts: 23 Connected
    Hart86 said:
    This is definitely a live to full service problem and sounds like they’re not accounting for the time you were handing in sick notes while under live service!! It’s probably inactive but if you still have anything from when you applied and the live service number it’s them you will need to speak to about having your sick notes from back then recognised and passed over to full service. It’s absolutely ridiculous the two services didn’t talk and reading all the problems it has caused you it’s had something pretty horrific consequences to people’s claims!!! 

    Its exactly that I agree. The system is simply seeing a different date that sick notes started. Its no more than that. Appreciate Poppys link above for additional help but unless I can get someone to actually get into the old system am stuffed.....They have fully acknowledged all the sick notes (previously) on 2 occasions which makes this all the more farcical
  • RansonRanson Member Posts: 23 Connected
    I thought I'd update this because I received a general email from Scope.
    In short I never got the money. The DWP moved goalpost after goalpost after goalpost each time making ludicrous demands (for example proof of sicknotes which they had received at least 10 times previously etc etc)
    Everytime something was satisfied something else was then asked for. The MP has never seen a case like it (his words) but I've given up completely. Its just making me more ill and the danger is they stop ongoing payments out of spite or whatever if we carry on clearly agitating them
    Just unreal but pretty sure I wont be the only one in that position

  • RansonRanson Member Posts: 23 Connected
    I should add that I'm referring to the higher rate payment that should be backdated apart from first 3 months. Normal payments including higher rate are being paid currently
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    I'm so sorry you've not been able to get this sorted @Ranson. Has your MP not been able to make any headway? Your GP surgery should be able to provide you with copies of all of your fit notes if that helps at all. 
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
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