Universal Credit - LCWA backdated

RoxyB

I am hoping someone can advise  . About a two years ago my health worsened due to my various illnesses. I was a self employed beautician but due to various surgeries and continued tests from my doctors I slowly stopped working . I informed my universal credit advisor they told me to keep bringing in doctors Certs . My advisor was very helpful and knew it was hard sometimes to travel for my appointments so he allowed phone call work coach meetings instead . I was then advised by another universal credit advisor that I was to have an assessment for Limited capability they explained it was so I didn’t have to keep getting sick certificates and they also advised me to apply for pip. I had my medical assessment brought the relevant letters medications when they asked about my conditions I explained to them what my doctors advised ( which was also in my doctors letters ) that there was no fix to my conditions but my various doctors were going to help me try and manage it to make life a little easier for me .I received a letter after stating they accepted that I should be on LCW. I had another assessment 6 months later . Explained I still had the same conditions etc . They also decided I would get LCA. I went for another assessment a few months ago and they said I will get LCWA so I don’t need to bring in certs or attend meeting etc . I then noticed last month extra money was put in on my universal credit I was wondering was it an error  . I called them they explained that being on LCWA means I get extra money , the advisor also said she didn’t know why I wasn’t given the extra top up before as in notes it’s all the same medications symptoms etc . She said I should have been advised about applying for the LCWA . So she requested for it to be reviewed so it can be back dated. Any time I call universal credit they tell me there is no time frame so they don’t know when or if the decision is made and to keep checking my my online account . 

Can anyone advise if I was given the correct information, or if anyone has experienced something similar . I am wondering what are the chances they will agree to back date it and how far back would they backdate it ?

poppy123456

Hi,

Based on that information i think your work coach has incorrectly advised you and it's very unlikely that you will receive any backdated money. The decisions that were made on the first 2 assessments were LCW. When you're placed into this group you don't receive any extra money each month if your claim started after April 2017.

When you had your 3rd face to face assessment the decision was then changed to LCWRA, which means you would have been entitled to the extra money of £336 per month from the date that decision was made. 

If you had appealed either of the first 2 decisions and that decision changed to LCWRA then you would have been entitled to the extra money but because you accepted that decision then it's unlikely you'll receive any backdated money.

RoxyB

@poppy123456 thank you for you advise . I was never advised about LCWA until I called when I got that extra money on my universal credit payments . No one advised me of the difference until that call . It’s strange that one of their advisors says I should be getting that extra element but the other doesn’t yet both work off the same information . Also none of the assessment advisors explained any of it to me and none of the letters they have sent me explain the difference. Initially I asked at the first appointment does it mean I get extra money to help with hospital costs etc as I am unfit to work . They told me no that money that stopped after April 2017 . I wouldn’t receive any extra assistance which was why I didn’t understand why I got the extra money . 

poppy123456

When you say an adviser said to you, do you mean someone from the job centre, your work coach maybe?

The assessments providers wouldn't have explained that to you because it's not their job to do that. They are there to assess your ability to do any type of work and ask you questions about how your conditions affect you. The letters you received would also not explain it, they aren't supposed to do that.

Adrian_Scope

Hi @RoxyB and a warm welcome to the community.

I'm sorry to read that UC weren't clearer with you about the process and the different potential outcomes of the Work Capability Assessment.

Unfortunately, Poppy is correct. There isn't a separate application for LCWRA (the group you're in now, through which you get extra money in your UC), it's done in the same way. When you were assessed the first two times, a decision maker would have determined that you had Limited Capacity for Work, but could undertake work-related activities - which can include meetings with your work coach and preparing to eventually return to work. This group (LCW) stopped having additional money paid in April 2017, so what you were told by them is correct.

At your third assessment, a different decision was made and you were placed in the LCWRA group. This is where they have determined you have Limited Capacity for Work AND Work Related Activities. This group carries the extra £336 a month and payment starts from the date the decision was made to put you into this group. 

I hope that's helped explain it a little more but if you have any questions please don't hesitate to ask. 

Have you begun the PIP application process? 

RoxyB

Hi Adrian , thank you for confirming  that . I find it quite odd as it just came down to the assessor not the persons condition being assessed. When I called universal credit about the extra payment the lady I spoke to said it was because of my assessment I was put into that category. When I asked why I wasn’t before she looked through my notes on file and said it is quite strange as my medication and health was still the same as my past assessment she told me she was going to send a request for someone to look at my file again . She said someone will be in touch with the revised/ unrevised  decision. 

PIP application  has been a huge headache and hasn’t helped with with my anxiety at all. I was told by a universal credit advisor I should apply which I did so . Several months  passed I called to ask why I hadn’t received my appointment yet they asked if I could go in first thing in the morning which I done so . I gave all my medical letters showed my medication etc . In the assessors response decision she said I seemed fine and that I didn’t look like I had any of the conditions my various doctors had stated . When I had my next appointment with my GP they asked about the PIP response and were disgusted the fact that they said I didn’t look like I I have anxiety or depression, and I looked like I wasn’t in pain and that my other medical conditions were not apparent to them ( even though I had brought in documents from my GP many doctors including letters from my various surgeries) So my GP told me to come back and get a letter off them for the appeal . I finally got together my confidence and called PIP and asked them what medical profession was my assessors in ? They couldn’t advise on my particular one , but stated that some of their assessors are physio therapists etc . I find  it quite mad to think that an administrator with no medical qualifications can dismiss various doctors surgeons professional opinions. When I finally got my appeal back they gave me 2 points only due to needing assistance going to and from the bathroom . I was told I could go through the next stage of appeal but that could take a lot of time .There is nothing worse than being told by someone who has looked at you for 10 mins and says you look fine so you must be . So I gave up I don’t think I could go through all stress and anxiety it would bring . 

poppy123456

It happens all the time, a claimant can be in a group for many years, then be reassessed by a HCP and that HCP can recommend they are placed in a different group or even be found fit for work, even though that claimants condition hasn't changed for many years.

If that claimant doesn't agree with the decision then they can request the MR followed by Tribunal.

I'm sorry to hear you were refused PIP. It's always worth taking it to Tribunal because they are totally independent to DWP and the health assessment providers and will listen to what you have to say. If you do decide to reapply in the future it maybe worth getting some help with filling out those forms.

RoxyB

Thank you very much for your advice @poppy123456🙏🏼