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Why might a judge tell me I would receive back pay, but Universal Credit tell me I was awarded LCW?

ClarelouiseClarelouise Member Posts: 11 Listener
edited August 2020 in Universal Credit
I was wondering if anyone else had a similar experience when they had an appeal and won. Being declared not fit for work.
I won my appeal against the dwp. The judge declared me not fit for work and said I would  be receiving a back pay from the 2nd july 2019. Universal credit are now saying I was awarded lcw not LCWRA so I am not entitled to extra money or a back pay. But I don't understand why a judge would tell me I was receiving a back pay but then put down lcw meaning I am not.  The clerk wrote to me from the courts after I thought an error had occurred in the details sent to uc by the court. It basically states there is nothing to change. I am so confused and dont no where to go next 

Clare  :)

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited August 2020
    Hi and welcome,

    Yes you won't be the first person to be confused with the Tribunal win. It's very likely the judge didn't know when your claim first started. If it was after April 2017 then you won't receive any extra money for LCW. It's only the LCWRA element that receives extra money.

    Please check your Tribunal award letter to see exactly what it states.
    Community champion and 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.
  • ClarelouiseClarelouise Member Posts: 11 Listener
    Thank you. I havent had anything from them yet. It was only on the chance when I phoned universal credit that I found out I wasn't going to be receiving anything now. They told me the documents said LCW. the agent on the phone at universal credit even said to me as I have been on uc since 2016 that I would be receiving it but then i had a message later in the day saying im not entitled to it. The judge awarded me my claim from Jan 2019. Ive got a headache with it all
    Clare  :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Although you've been claiming UC since 2016, what date did you first send your fit/sick note because this is what counts, not just starting a UC claim. I'm assuming your first fit note was afer April 2017?
    Community champion and 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.
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @2384

    Good Morning & Welcome it’s great to meet you today.

    @steve51
  • ClarelouiseClarelouise Member Posts: 11 Listener
    Hi Steve, and thank you
    Clare  :)
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @2384

    No probs it’s my Pleasure 😃😃

    @steve51
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    To add to my above advice, if you think you should have been awarded LCWRA then you can write to HMCTS request the statement of reasons and record of proceedings. Once you receive these you'll need to find someone to take a look to see if the error in law can be found. With that, you won't be able to take this any further.

    You can of course also put in a change of circumstances if your condition's got worse. Although you do risk losing the LCW by doing this, the decision could also remain the same or you could be given LCWRA.
    Community champion and 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.
  • ClarelouiseClarelouise Member Posts: 11 Listener
    Thank you poppy. I have some thinking to do
    Clare  :)
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @clairelouise

    How are you doing now you have had the advice from Poppy.

    If you need any further help/support with things please let me know.

    @steve51
  • ClarelouiseClarelouise Member Posts: 11 Listener
    Its something to think about challenging the decision for LCWRA but I've fought for so long now. Since Jan 2019, I don't no if I can keep doing it. I don't even no if I would fall into the category for LCWRA. Ive contacted the courts anyway just to clarify what I am actually entitled to with the judge working out back pay for me but only awarding me lcw. She knew when I started my appeal as she said at the hearing. So I will see what they say next week
    Clare  :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You can't challenge the decision without first request the statement of reasons and record of proceedsing and then finding the error in law.

    It could be the Judge didn't realise what date you sent in your first fit note.

    Whether you'll qualify for LCWRA will totally depend on how your conditions affect you.
    Community champion and 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.
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @ClaiireLouiise

    Yes it’s a good idea to think about it.

    If we can be help in anyway please please let me know.

    If you need a “Shoulder” please let me know????

    @steve51
  • Tori_ScopeTori_Scope Posts: 4,033

    Scope community team

    edited August 2020
    Hi @Clarelouise! Welcome to the community, we're really glad you're here.

    I'm sorry to hear that you've had some trouble with finding out what you're entitled to after your appeal, that certainly does sound very confusing! Hopefully you've found the information people have given you here helpful, and please do let us know how it goes next week. 

    There's a whole section here on the community for discussions about Universal Credit and other entitlements, so it might be worth having a look around

    For example, you might find this discussion informative.

    Citizens Advice might also be able to provide you with some useful information.

    Tori

    Online Community Coordinator, she/her

    Want to give us feedback? Complete our feedback form now.
  • ClarelouiseClarelouise Member Posts: 11 Listener
    Thank you tori, thats great. I will have  a read 
    Clare  :)
  • Tori_ScopeTori_Scope Posts: 4,033

    Scope community team

    No problem @Clarelouise! Let me know if there's anything else I can help you with :) I hope today has been a slightly better day 
    Online Community Coordinator, she/her

    Want to give us feedback? Complete our feedback form now.
  • ClarelouiseClarelouise Member Posts: 11 Listener
    I have done all I can for now. I've emailed the courts for evidence as advised to by citizens advice to find out what award i am definitely getting and then go from there with regards to UC. I still haven't had any correspondence from the court yet letting me no if it is definitely LCW or LCWRA. 
    I ring the courts for the lady to tell me even if it was LCWRA then it's upto the DWP anyway if I get back pay or not. They tell me to just keep emailing the relevant department for my evidence. Its a waiting game now. Hopefully I will hear something soon. 
    Clare  :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm not sure what you mean by evidence from HMCTS? or do you mean you emailed them asking them to send you a copy of the decision letter? You should have had the decision letter sent to you once they made the decision. Did you not receive that at all?
    Community champion and 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.
  • ClarelouiseClarelouise Member Posts: 11 Listener
    No I've had no decision letter off them yet. And the evidence uc told me to get is of the conversation that took place with myself and the judge. 
    Clare  :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's not evidence. It's the statement of reasons and record of proceedings that you'll need to request. It could take quite a while to receive these because they are not writtien unless they are requested and then the Judge will only do it when they have the time.
    Community champion and 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.
  • ClarelouiseClarelouise Member Posts: 11 Listener
    Thank you for clarifying that. I am just going off what I am being told to do and thats what they told me was evidence. I have just followed their advice 
    Clare  :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome. I've very surprised DWP advised you to request those.
    Community champion and 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.
  • ClarelouiseClarelouise Member Posts: 11 Listener
    I have no idea. They just stated that i needed them in order to calculate any back pay if the judge had said that. Even though they stated i have been put into the lcw category instead of LCWRA and that the judge told me wrong.  I don't actually no for sure what category I have been placed in as I havent had the letter and its been 2 weeks now. 
    I'm just fed up with it all now to be honest. 
    The lady at court told me to put in an email requesting what I need but didn't say how long I would have to wait for a reply. 
    What will be, will be though. I just want straight answers from them so I know for definite where I stand with it all.
    Clare  :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    What you need is a copy of the decision letter, i don't understand why you haven't received that. They usually send it quite quickly and it's usually sent at the same time they send it to DWP.

    Community champion and 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.
  • ClarelouiseClarelouise Member Posts: 11 Listener
    Ok thank you. Ill email them again and ask if i can have it. 
    Clare  :)
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