ESA appeal and universal credit

alan696

Hi I’m after some advice please
in July 2019 my work capability assessment found me fit for work (ESA) which I appealed against I started a claim for UC in august 2019 handing fit notes in ect ect I requested a UC50 in November 2019 I had a new work capability in February 2020 and I was found to have LCWRA there backdated this minus the 3waiting period.
i had me appeal in December 2020 which set aside the original decision from ESA in the appeal it states I have limited capacity for work ESA backdated money for 2weeks and UC backdated 2months at LCW and 2months at LCWRA I questioned this as did not understand the backdated money 2weeks LCWRA (ESA) 2months LCW (UC) 2months LCWRA (UC) that does not make sense to me at all so there done a mandatory reconsideration based on the decision in February 2020 not what I asked for 
there have came back and said I should not have been put on LCWRA until the date of my WCA in February 2020 so now there are saying I owe them about £1000 backed when the just backdated me roughly that much 2months ago none of this makes sense 
I have spoken to the tribunal service and there have told me there put limited capacity for work down in general terms and leave it up to ESA UC to make decision on what group you get put into and there said my new WCA decision overrules the tribunals decision but could not say much more 
even though my WCA was in February 2020 in requested this in November 2019 so this not were it would start from or when I informed them of medical condition or when I stated new claim with UC or are them correct 
many help would be great
thanks alan

janer1967

Hi and welcome 

This seems a bit complex I would suggest you get some expert advice from welfare rights 

Other members may be able to give you more knowledgable advice hopefully 

alan696

I have contacted welfare rights but didn’t say much there are helping me with another appeal I don’t think there understand what there are doing I’m just waiting for ESA to say I owe them the backdated money back now as well or not and that would show UC have made a mistake and strength my case as it would make even less sense if there don’t ask for the backdated money back who knows what there are doing

janer1967

We do have some other more expert members who may be able to help they will respond when they see your post 

Adrian_Scope

Hi @alan696. 
Can I clarify a few things?

The decision from your ESA appeal, was it LCW or LCWRA (WRAG or Support Group)?

Was it a new claim for ESA or a reassessment?

alan696

Hi Adrian 

on the appeal letter it says limited capacity for work and the appeal at the time was for the old style ESA

alan696

@Adrian_Scope

The appeal was based on an WCA that found is fit for work on old style ESA 
The appeal letter said limited capacity for work what the letter said was ( if found capable of work this would result in a substantial risk of a deterioration of his mental health.
The conversation I had with someone from the tribunal said  there use limited capacity for work in general and let UC or ESA make there decision on group ( do you experience of them doing that)
just been looking thought UC journal I first got notified of the appeal decision on the journal before letter from appeal came though the post the information on journal was just a letter from UC saying I had been awarded LCWRA then checked Payment section and seen the LCWRA had been backdated apart from the first 2months of UC claim so I questioned this with the advisor on UC journal whom then said that was her mistake then she sent another saying LCW and LCWRA and left note on journal saying this was due to what was advised from WCA 
this confused me even more because the WCA had on UC the latest one was LCWRA but not the first 3months due to waiting period so why would WCA say 2months LCW and 12 months LCWRA does not make any sense what so ever 
and I like I said ESA them selfs backdated monies owed at the higher rate support group for the 2weeks between end of ESA and start of UC claim The