Will I be backdated work capability? — Scope | Disability forum
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Will I be backdated work capability?

haaji
haaji Member Posts: 2 Listener
edited August 2021 in Universal Credit (UC)

Hi, I’m pretty new on here. But had a few questions and concerns. 

I first started universal credit in March 2018 but was previously on job seekers allowance. I was transferred over to universal credit in march 2018. I had a first interview at the job centre for universal credit and explained my issues and disabilities and health conditions, also said that I was caring for my mother at the same time. They told me that I don’t need to provide any fit notes anymore (because I previously was when I was on job seekers) and that I don’t need to attend any appointments and to let them know if anything changes in the future.


I recently found out that I needed to do a work capability assessment and that this whole time I could have been entitled to limited capability for work and work related activities but I did not know this and did not know what I was eligible for and believe my initial interview for universal credit should put me into an WCA so I could have been getting this payment since March 2018 which I haven’t been. But anyhow.. I recently got confirmation and been put into limited capability for work and work related activities but they have not awarded me since I started universal credit and have explained that it starts from when I have in my first sick note. I handed my sick note before doing the assessment as that’s what was told on my journal to report a change and then I’d go through that process ( again.. which i wasn’t aware that I had to do in order to get assessed). Which I did and have a sick note which I dated from 2017 when my first operation was and I was on job seekers at the time and having in sick notes regularly at the job centre while being on job seekers before being transferred over to UC. So yeah I’ve had an operation every heat since 2017 and condition is getting worse and worse, after being transferred over to UC I wasn’t told to hand in anymore sick notes etc like I used to on job seekers allowance. So yeah sorry about the long story but the question is, would they still backdate me from March 2018 when I started UC as i wasn’t aware that I needed to be assessed and no one told me at my first initial interview at the job centre? I also have all my medical evidence and hospital evidence for all my operations and monthly treatments that I attend. Would they backdate me to when I first started UC as it would be their mistake to not ask me for any sick notes or make me aware that I need to do an assessment or anything? I was just told that I don’t need to look for work so I haven’t been and was told I don’t need to hand In sick notes. But recently have found out that this whole time I could’ve been eligible for limited capability for work and work related activity monthly payments which I haven’t been getting.


I hope all this makes sense and thank you so much for reading.


Apologies I may have not been clear at some points.


Just to confirm, I have requested a mandatory reconsideration 2 months ago and provided all medical and hospital evidence since my first operation. I am still waiting for a decision from DWP and they just tell me that there is no time frame and that they’ll just update on the journal. 


Thank you.

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Comments

  • janer1967
    janer1967 Member Posts: 16,509 Disability Gamechanger
    Hi there 

    The normal criteria is that you are paid from the 4th month after reporting your condition  and providing fit notes 

    Not sure what will happen in your case its  normally down to the claimant to report the condition 

    I know you said you were told not to provide fit notes and as you have given a backdated one I'm not sure 

    You should get some expert advice from welfare rights on how to challenge this if your Mr isn't successful 
  • calcotti
    calcotti Member Posts: 6,390 Disability Gamechanger
    edited August 2021
    Haaji - the rules are that you get LCWRA from the fourth full payment period after you report your health condition supported by Fit Notes.
    Have you been getting the carer element in you UC? If so what you have missed out on is the difference between the LCWRA element and the carer element (as you cannot be paid both the LCWRA and carer element).
    You could possibly make a complaint that when you informed your work coach about your health situation you were not advised what you needed to do in order to be referred for a WCA and request compensation for what you have missed out on 

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • haaji
    haaji Member Posts: 2 Listener
    Thank you for your reply.

    I believe this is what’s happened then, my initial universal credit interview, they must’ve put me as caring for someone instead of having a WCA done. I did explain my conditions to them and they knew I had surgeries in which I was handing in sick notes on job seekers before I was transferred over to UC. Thank you for your help. This is exactly what’s happened, they haven’t advised me on what I should do or the things I could be entitled to. I only found out because my friend got LCWRA and asked if I do too and I never knew about it. But yeah I believe my work coach should’ve guided me in the right direction after knowing my conditions and knowing I used to hand in sick notes for job seekers. Again thank you for your reply and your help.
  • calcotti
    calcotti Member Posts: 6,390 Disability Gamechanger
    edited August 2021
    Moderators - can you merge haaji’s posts and my reply with separate thread started here
    https://forum.scope.org.uk/discussion/83199/will-i-be-backdated-work-capability
    (And remove duplicate posts)
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Cher_Inactive
    Cher_Inactive Posts: 4,400 Scope online community team
    edited August 2021
    @calcotti Thanks for the heads up, that should all be in order now :)

    @haaji Just to let you know - I've merged your posts together and removed any duplicate posts to help our members keep track of your situation, and offer support, in this one space. 

    I'm glad to see our members were able to help and please keep us posted with how you get on.  
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