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Lwcra. Am I entitled to any back dated payments?

jollyjoe2065

I received a UC50 questionnaire to fill in regarding my health and disability I received this November 2020 posted back December 2020 they then sent in my journal that they received it on the 20th December 2020, sSo does my 3 months waiting period start from the date they received my questionnaire back?? I then received a date for my assessment but it was cancelled, then I had a face to face appointment in July 2021 and now received that am getting the LCWRA and it will be paid after my 3 months waiting period which they say started on the 17-3-21 through to 17-6-21 which would be the 3 months whe asked about back dated payment they said that I was not entitled to any?? But I will receive my payment on the next assignment period which is the 17!-7-2021,,but after checking it it will be due on yhe 24yh July. Am very confused how this works out any help will be appreciated.

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Comments

janer1967

Hi there

You should get back pay from the 4th month after reporting the medical condition and provide a fit note

Not from filling in the form or from assessment date

As long as you have provided fit note for all the duration without any gap

I suggest you challenge this with your case manager

jollyjoe2065

Hi janer1967, I started to send n fit notes from September 2019 and did this every 3 months. Up until I was awarded the LCWRA on the 13th July 2021. I have kept every one of my fit notes from my GP. So what u are saying that from the 4th month I should be awarded backdated payment. Ok then it should only be June they owe me then as I have been paid for July well not until the 24th July. How do I find my case manager

calcotti

jollyjoe2065 said:.. Ok then it should only be June they owe me then as I have been paid for July well not until the 24th July.

You have misunderstood, I don’tknow Where you get June from.

The LCWRA element should be paid to you from the fourth month after you first reported your health condition. If this was September 2019 you are entitled to the LCWRA element from January or February 2020 (depending on the exact date you told them about your health condition).

Post a message on your journal. Say it is about payments and it should be seen by the case manager. You just need to say. You have recently told me that I am to receive the LCWRA element. You have told me that I am not entitled to arrears but I understand that it should be paid from the fourth month after I told you about my health condition. This was in September 2019 so I believe I am entitled to arrears. Please look again at this matter.

janer1967

Of you sent fit note in Sept 2019 you should be getting back dated to 4 months after that well 4 months after you reported the condition So without knowing your exact date from approx Jan 2020

You can either call and ask to speak to your case manager or put the query in your journal mark it as payment query

jollyjoe2065

Sorry my dates where wrong I started sending in fit notes from 18/3/2020 , not September 2019 is when I applied for PIP. . but for lwcra it was march 2020 when I first reported my health condition to them

jollyjoe2065

Just had a update from them saying that I declared a new health condition was 18th march 2021, As you where previously found fit for work you cannot restart fit notes without reporting a worsening to a existing health condition ,Only once this was completed would a new work capability assessment referral be made. That funny this was my 3rd assessment referral that I had and my health condition has always been the same ,1st time round they found me to have to have limited capability for work, then a few months later they found me fit for work and at the 1st assessment I had 2 hearing aids and my arm in a sling due to a frozen shoulder surgery, then on my second assessment I had again 2 hearing aids and medical reports from my GP that I was diagnosed with having. Osteoarthritis in my spine and both knees and I was walking with a stick, and that I was on strong pain patches, but I was declared fit fr work. But I was still handing in fit notes .

calcotti

In your opening post you appeared to say that the recent decision was the result of the first assessment you have had such nice first declaring a health condition. Your u now appear to be saying it is the result of the third assessment year you have had. Obviously this makes a difference to when you are entitled to extra money from. If the latest decision is the result of a reported change in your health condition then the three month waiting period starts from the beginning of the monthly UC period following when the change was reported.

if you disagreed with the previous decisions you needed to challenge those decisions at the time.

jollyjoe2065

Checking back on my journal the 1st report of health was April. 2019, then I updated it again on the 19th December 2020. They sent me a message in my journal to ask for a update on. My health condition in march 2021. So therefore they seem to be taken this one as when I reported it. I have left a message on my. Journal just waiting for a reply. And I get very confused over dates that's why I gave the wrong dates. My 1st assessment was Dec 2018. Reply back Jan 2019. Saying that I had limited capability , then in June 2019 I had another assessment. Reply was fit for work, they again re assessment me july2021. Now I have LWCRA July 2020. 1 week after . but how can they say am unfit fr work and few months later am fit fr work I I declared the same health conditions. 1time around,

jollyjoe2065

I did not know that at the time I just took their word for it

calcotti

I still cannot follow the sequence of events. You now say you first reported your health condition in April 2019 but had your first assessment in December 2018 which is five months earlier.

Regardless, if you disagreed with decisions you needed to challenge them at the time. A recent assessment decision cannot take effect from a date prior to a previous assessment. The decisions on not based on any diagnosis, they are based on their assessment, based on what benefits you tell them, of how your health impacts you.

jollyjoe2065

I had my 1st assessment in Dec 2018. With a reply back from them Jan 2019, I also report my health condition dec, also the for some reason they gave me a 2nd assessment Dec 2019, which declared I was fit for work, then 3 Rd Dec 2020 1st assessment was April but got cancelled out twice in April then ended up with a face to face in July 21 in which I was awarded with lwcra.

jollyjoe2065

I have now got a mandatory reconsideration in place they have realised that I have done a report health back in July 2019, I might be getting paid from this date fingers crossed