Lwcra

poppy123456

Wow that's terrible and I'm sorry to hear that. Did they give any reason how or why a mistake was made with the first decision?

KelMarie

Just that the first decision making (level 1) made a mistake awarding me lcwra now I have to pay back the over payment when it wasn’t even my fault 

poppy123456

This is one major downfall with UC. All overpayments are recoverable, even if it was their error. 

Hannah_Alumni

@KelMarie I'm so sorry that they came to that decision. Scope has a page on appealing a DWP decision you may find helpful. 

Please know we are here if you need support  

KelMarie

how long is it before they complete a lcwra tribunal have been 3 months yesterday when I requested one I have had a the paper work for a couple of months now but still wait on the hearing haven’t heard anything from them since they sent me the paperwork this isn’t helping with me mental health right now especially today when it’s my brother birthday (was passed away in sep & we also lived together) I’m feeling so down since they changed the decision in feb 24 asked for tribunal on the 18th march 24 once I received the MR decision back

poppy123456

Sorry for your loss! You could be waiting anything up to about 10 months unfortunately.

KelMarie

that is a joke I’ve been wait on this since April 2023 when I first put in my fit notes so another 10 months will make that 2 years was informed it could take several months but from start it been 14 months already so another 10 months is a joke

poppy123456

Waiting times for Tribunal hearings start from when you requested the hearing. Before that was irrelevant. Several months from providing a fit note to having a decision from DWP is about right. Then you have the MR request waiting time before the Tribunal waiting time. It's a very long process.

KelMarie

hi can someone help me please as I don’t understand what this means only been done today does it mean I have lcw or lcwra

1. The appeal is allowed.
2. The decision made by the Secretary of State on 28/12/2023 is set aside.
3. Kelly has limited capability for work-related activity. The matter is now remitted to the Secretary of State to make a final decision upon entitlement to Universal Credit (UC).
4. The Secretary of State has accepted that Kelly has limited capability for work. This was not in issue.
5. The following activity and descriptor from Schedule 7 of the UC Regulations 2013 applied:
6. By reason of their physical health difficulties, Kelly is significantly restricted, particularly in mobility. In reaching its decision the tribunal relied on the documentary evidence.
7. The tribunal was satisfied it had sufficient information and written evidence before it to consider this case fairly without an oral hearing.
   1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used. Cannot either: (a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

poppy123456

It means you've been found to have LCWRA based on the mobilising descriptor. The Secretary of State is DWP and they now need to put the award into payment. This can take up to 8 weeks. Great news!

KelMarie

thank you poppy123456 it was 3 & 4 that missed me up as they say lcwra then only low

WhatThe

How dare they put you through all that then pretend they'd make a mistake about LCWRA 😣

I hope you get a decent amount of backpay and they leave you alone after this.

KelMarie

it did say on the end of the letter on my tribunal decision online that they recommend that I’m not reassess again for 2 years

KelMarie

hi I’m wondering if anyone can tell me roughly how much back pay I should get my payment dates are 2rd to the 1st my first fit note was handed in on the 4th April 2023 & i was already on lcw I’ve had a MR & tribunal since then & in December 2023 I was awarded LCWRA for only 2 months before they told me they had made a mistake & it was taken away then told I owe then the 2 months payments back which was put on hold until the tribunal finished that just has but still waiting for the official verification on decision

poppy123456

I can't tell you exactly how much they owe you because I don't know how much UC you received each month. Your statements will need to be recalculated to work out how much you've already received against what you should have received and you'll be paid the difference between the two.

LCWRA starts from 2nd April to 1st May and first payment will be 8th May 2023. There's no waiting period for you because you already had LCW. This is assuming there were no gaps in your fit notes up until the decision was made in December 2023.

KelMarie

just had this message in my uc journal

Good Morning your appeal is currently with a decision maker , once there is an outcome and UC is updated , the decision maker will update your account with all information,you will receive a notification in your journal with the outcome,kind regards michelle

But I don’t understand why it now gone to a decision maker again when the tribunal have made their decision on it is this normal

poppy123456

It still has to go to a decision maker because they are the ones that need to put the award into payment. It's perfectly normal for this to happen. Once this is done you will receive the award letter on your journal.

KelMarie

thank you poppy it was worrying me that it had gone to another decision maker again after all I’ve been through with it

Jimm_Scope

Best of luck with the decision! Let us know how it all goes 🙂

KelMarie

just a quick update received my decision letter this week now it’s a waiting game again for dwp to calculate when they are paying me from just hope they get it right also have a review phone call on the 2rd September so I should know then if not before thank you all so much for your help will let you know again when they have made the decision