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Lwcra and backdating help?

mrsharpe63

Hi there My names Matthew

Am trying to find out when my lwcra would be backdated to if awarded it as have just recently attended my assessment.
So basically this is my situation,

January 2018 I provided my sick note and declared my health conditions.
I asked my work coach Steffan if he would refer me for an capabilitie assessment, he told me that I would just have to keep on handing in fit notes and I would eventually be called up for one! To which I replied, how can you make me available to work when you don't know what I am capable of being able to do!

To which I was told again I would just be called up eventually!

In that time I was never placed on reduced commitments along with being sent on an flt course as well as still made to look to find work! This resulted in me excepting three jobs in total last year that I should of never of excepted as I was never fit for them! 
Upon leaving these and retuning back to universal as i was to I'll to work I was told again to just keep producing the fit notes and they would be seen an I'd be called for an assessment! 
Then after excepting another job on the third occasion in Sept, I think of last year! Again I could only manage that position for several weeks before I returned to universal credit in November and was given a new work coach to which I explained to her what had been going on previously and what Steffan had said to me regarding my health issues and fit notes, to which she said that was completely wrong an he personally could of referred me anytime as she showed me on her computer and did that day! 

So for the first ten months of my claim while unfit mentally and physically I was made to look for work, attend a training course and take up employment which I was never fit for, which resulted in the worsening of my mental health further due to the added stress!

I suffer from a serious physical condition aswell as depression and anxiety to which at that time (Jan-Nov) this was not taken in to consideration despite me providing medical evidence to support this!
I should of been referred for a capabilitie assessment from day one!
The last 18months have been extremely difficult for me and feel as if I have been put threw alot of unnecessary stress and have been totally miss informed. 
I feel that if I was referred at the beginning of my claim as requested this whole procedure would of been done and dealt with along time ago and I would of not had to of dealt with all the added stress and anxiety and not to mention the financial difficulties this has caused me.
S
Sorry I have just copied and pasted the complaint that I have logged in my online journal as explaines without me typing all that again lol
So basically I want to know if it will be backdated till 14 weeks after November or will it be 14 weeks after January? 
Any info anyone can give would be greatly appreciated 
Thanks

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Comments

mrsharpe63

Sorry I should add that in 28 th November my new work coach refferd me for my assessment which I attended on the 15/5/19.
So hoping to receive the decision soon as has been 3weeks now.
Am just wanting to know that if they backdate till the November could I challenge this due to my circumstances and get it backdated to the start of my claim!
Thank guys

Adrian_Scope

Hi @mrsharpe63, thank you for sharing.
This is a tough one. I'm going to seek some expert advice and will get back to you as soon as I can.

KEE

Hi @mrsharpe63 sorry to hear of this and the same thing had happened to me. I had to stop work due to my health deteriorating in Nov 2018 and was never referred for a WCA until 2 weeks ago May 2019 even though I have been handing in ‘fit notes from day one, so now 7 months.
When I had my PIP decision recently for both standard rate all of a sudden I was sent a WCA questionnaire from universal credit. So I too would like to know where it’s back dated from .
I think it’s been said it’s from month 3 of an illness which I do not understand why the first 3 months of being ill is not considered?

KEE

I have since had advice from scope and the waiting period is 3 months and payment is made on the 4 month if awarded
and if a decision is not made yet then goes on to be awarded after that 4month it will be backdated from that 4 month of claim.

poppy123456

That's correct, as advised on the other thread.

KEE

@poppy123456 thank YOU for that advice, it finally sunk in, sorry it took so long

poppy123456

You're welcome. The benefits system is very confusing. Always happy to help

char38

I got my WCA result through today. I didnt have to go to a F2F assesment which really shocked me. So i will get the extra amount n it didnt even take them a month to sort it out. One less thing to worry about

poppy123456

char38 said:

I got my WCA result through today. I didnt have to go to a F2F assesment which really shocked me. So i will get the extra amount n it didnt even take them a month to sort it out. One less thing to worry about

If the decision is limited capability for work related activity (LCWRA) then you will receive the extra element from the 4 month of your claim starting from when you sent in your first fit note.

If the decision was Limited capability for work (LCW) then you won't receive any extra money. Your UC journal will tell you what the decision is.

char38

Yes i get the extra amount.i was just so shocked

poppy123456

char38 said:

Yes i get the extra amount.i was just so shocked

Great news! It's great to hear good news because on forums we mostly hear the bad stories. Yours was also paper based assessment which is rare. Thanks for sharing the good news! Relax for now at least.

char38

Thats y i was so shocked coz it was all paper based n my son n mental health worker wrote n statement. I was so scared incase i had to go for a f2f as i hate leavin my house

Adrian_Scope

Hello @mrsharpe63, sorry it's taken me a little while, I've spoken to our benefits advisor and they've given me the following information to copy over to you.

When you originally make a claim for Universal Credit you are asked if you have a health condition or disability that prevents or limits your ability to work.
If you reply yes to this then you may be asked to attend a Work Capability Assessment. You are usually referred for this on the 29th day of your claim if you have been unable to work for the first 4 weeks.
It’s not clear from your message if January 2018 was the start of your claim or if you were already in receipt of the benefit and then became ill.
If you were already on UC and became ill and started to send in sick notes, you should have been sent a UC50 form to complete or have been given a link to this online.
You are right, your coach could have referred you for a Work Capability Assessment straight away.
He should have considered reducing your job searching commitments and talked to you about this, although what they do at this stage is at their discretion, it should be reasonable and take your health issues into account.
It appears that whether you were unfit for work at the start of your claim, or you became ill, your job coach did not follow the guidelines for Universal Credit and health conditions and disability. You can read about these on Gov.UK.
If you are placed in the LCWRA group and this is only backdated to 14 weeks after November 2018, I think that you would have good grounds to challenge the decision as an official error.
You can ask for a Mandatory Reconsideration via your online journal. It is also a good idea to ring the Universal Credit Helpline as well to tell them that you want the decision to be looked at again.
If this is not successful you do have the right to take this to appeal within one month of the new decision.

If you have any questions, don't hesitate to ask!

KEE

Hello @Adrian_Scope, thank you as this has helped me too. As I had to stop work and claim universal credit through ill health in November 2018, I have handed in ‘fit notes’ without gaps since November 2018 and I have only just been referred 7 months later now for a WCA.
Ironically after my pip award for standard for daily living and mobility came through.
So now I have completed the uc50 questionnaire, posted it and waiting to see if I have to go through another assessment for the WCA in order to see which group I will be put in.

Adrian_Scope

Hi @KEE, you’re most welcome, I’m glad it was helpful to you as well.

Hopefully if you do get sent for a WCA you won’t be waiting too much longer.

KEE

I hope so too and thank you @Adrian_Scope ?

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