LWCRA award- how far will my partner's payment be backdated?

sgore96

Evening

I was wondering if anyone could help me my partner has a number of disabilities he was signed up to UC and his commitments ect were amended, they'd call him and speak to me ect as due to his issues he's unable to speak on the phone, he was asked for a sick note which his doctor wouldn't give him due to the fact his health issues have never and will never change. They took in all his health plans ect and nothing more was said. In March 2019 it came to light he should have been in a support group, so on March 19th 2019 he was sent for an assessment. Due to us moving house ect he never had one which UC decided he reason was viable and he'd been entered to another assessment which was done a week or so ago. On Saturday the decision came back he had LCW. AFTER  appealing it we got a response that the decision was over turned and he should infact have been put into LCWRA were awaiting the decion letter which should be ready by midday tomorrow.
My question is how far will my partner be back dated. I was advised by the complaints department manager it would be back dated til at least March 19tg 2019. Can anyone advise me is this correct or how long his back date will be. All were getting told is a computer will automatically generate a oayne t if one is due.
Thank you 

poppy123456

Usually a fit note is needed to start the work capability assessment process off and you must continue to send them without any gaps until a decision's been made on your claim. You'll have to wait to see what the decision maker says regarding any backdated money, if they agree then the extra money is paid from the 4th month of your claim starting from when the health condition was reported.

sgore96

I advised the job centre of the issues we were having with getting a fit note the agent then told me they usually need one but they will see if anything else is accepted. Next thing we know March 19th 2019 there's a letter on the journal for a appointment. Nothing else about sick notes was ever mentioned. Is this bad news do you think?

poppy123456

I’m not a decision maker unfortunately so I can’t answer that question. All I know is that usually fit notes are needed without any gaps. 

calcotti

sgore96 said: Nothing else about sick notes was ever mentioned. Is this bad news do you think?

Not necessarily. Although DWP usually insist on the provision of Fit Notes there is nothing in the law that requires them and guidance makes clear that other medical evidence should be considered.
http://data.parliament.uk/DepositedPapers/Files/DEP2020-0646/92._Medical_Evidence__including_Fit_notes_v6.0.pdf

As an aside, your GP clearly doesn't understand the purpose of a Fit Notes and should have issued one when you asked.

sgore96

Yes we did try but they said as my partner has so many health issues that hes had since young and some he's developed there's to many. Gp told pip health care plans are enough as they explain everything about his conditions.
I was advised by the manager of the complaints department that it was most probably going to be 29th March 2019.( This was once I'd explained everything to her obviously) but that's about 10 grand but from research it seems it's the 4 months or something. It suits confusing us.

poppy123456

calcotti said:

sgore96 said: Nothing else about sick notes was ever mentioned. Is this bad news do you think?

Not necessarily. Although DWP usually insist on the provision of Fit Notes there is nothing in the law that requires them and guidance makes clear that other medical evidence should be considered.
http://data.parliament.uk/DepositedPapers/Files/DEP2020-0646/92._Medical_Evidence__including_Fit_notes_v6.0.pdf

Thanks, you learn something new everyday. Seems to me that DWP like to make their own rules up. 

poppy123456

sgore96 said:

Yes we did try but they said as my partner has so many health issues that hes had since young and some he's developed there's to many. Gp told pip health care plans are enough as they explain everything about his conditions.
I was advised by the manager of the complaints department that it was most probably going to be 29th March 2019.( This was once I'd explained everything to her obviously) but that's about 10 grand but from research it seems it's the 4 months or something. It suits confusing us.

The 4 months is when the extra money is paid from, starting from when the health condition was reported. Not from when the decision was made. It’s called the “waiting period” 

sgore96

The health condition was reported when the claim was opened, it took til March 19th 2019 to get a WCA. This is what I don't understand weather he'll receive a back payment or will he not?

poppy123456

You just have to wait to see what happens. If they don’t back date then you can request a Mandatory Reconsideration. 

It can often take a few weeks, sometimes longer to receive any money owed because they will have to recalculate all of your past statements to work out how much is owed. 

calcotti

poppy123456 said:

Thanks, you learn something new everyday. Seems to me that DWP like to make their own rules up. 

Quite hard to get them to recognise this guidance! Most staff probably not aware of it and, of course, the claim process refers to Fit Notes.

calcotti

sgore96 said:

The health condition was reported when the claim was opened, it took til March 19th 2019 to get a WCA. This is what I don't understand weather he'll receive a back payment or will he not?

You’ll have to wait and see but you can certainly challenge any refusal to backdate and refer to the guidance I have referenced regarding what can be considered as acceptable medical evidence.

poppy123456

I just don't understand how a GP can refuse a fit note. Personally, i would have gone straight to a different GP if that was me. Or put a complaint into the practice manager.

calcotti

poppy123456 said:

I just don't understand how a GP can refuse a fit note. 

That a GP would refuse to issue a Fit Note because the health condition is long term and not expected to change is bizarre.

Cher_Alumni

Hi @sgore96 - Just to advise, I've deleted a duplicate of your initial question posted on another thread as I can see you've had lots of helpful replies in this one space   

I have to agree, I'm baffled as to why a doctor wouldn't provide a fit note to your partner.  This might be something you want to query again the next time you're in contact with the GP practice.  Good luck and please let us know how you get on.

sgore96

Hi everyone wanted to say thank you for the help you provided. Finally today we got to the bottom of everything and back payment for over 10000 was generated to hit my account in a few days. So we're finally sorted. Thanks again!