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Can I appeal a decision not to backdate my claim?

freshwaterlilly
freshwaterlilly Member Posts: 36 Listener
edited September 23 in Universal Credit (UC)
Hi can anyone give me a reasonable answer to this please
i had my UC assessment last week I was told I have been given the extra benefit 
I have waited months and months for this assessment and been fobbed off so many times with absolutely rubbish 
I am one payment away from my state pension and my UC will stop they have agreed to pay me one months extra help
and will not backdate my claim because I had an active work capacity up until I was assessed  I have supplied sick notes all the way through my claim
can anyone explain why they do everything possible not to help my UC50 form went in in May is there anything I can do?
can I appeal all I’ve been told if I do not agree then I can apply for a mandatory reconsideration 
I am so glad I will not be reliant on UC anymore the whole process of claiming benefits is appalling and causes so much heartache and stress it a awful awful system and we are made to feel we are getting something for nothing 
I have worked all my life paid my taxes and national insurance and this is how I am treated

Comments

  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    Hi can anyone give me a reasonable answer to this please
    i had my UC assessment last week I was told I have been given the extra benefit 
    I have waited months and months for this assessment and been fobbed off so many times with absolutely rubbish 
    I am one payment away from my state pension and my UC will stop they have agreed to pay me one months extra help
    and will not backdate my claim because I had an active work capacity up until I was assessed  I have supplied sick notes all the way through my claim
    can anyone explain why they do everything possible not to help my UC50 form went in in May is there anything I can do?
    can I appeal all I’ve been told if I do not agree then I can apply for a mandatory reconsideration 
    I am so glad I will not be reliant on UC anymore the whole process of claiming benefits is appalling and causes so much heartache and stress it a awful awful system and we are made to feel we are getting something for nothing 
    I have worked all my life paid my taxes and national insurance and this is how I am treated


    Were you previously assessed as having limited capability for work (LCW) before your most recent decision? If so did you report a worsening of condition or did DWP start the review process off?
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    yes that exactly what happened I asked back in 2020 for a UC50 form they have had sick notes covering me for over 2 years 
    they just kept fobbing me off with excuses for not sending the UC50 form eventually I got it in April and they confirmed they had it in may
    its took 4 months to get an assessment now they say I am not entitled to any backdated payments only this one that will be my last UC payment before my state pension starts
    they have robbed me of hundreds of pounds and no doubt rob thousands of us out of money we deserve I told them in my journal and by telephone how my illness has got far worse and no one helped me 
  • calcotti
    calcotti Member Posts: 3,069 Disability Gamechanger
    edited September 23
    You can certainly request a Mandatory Reconsideration of the decision not to backdate the LCWRA element but in order to advise you what should have happened we need to understand your circumstances and your answer isn’t clear. When you asked in 2020 for the UC50 were you reporting a new health condition having previously been Fit for Work or a worsening health condition having previously had LCW?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    A worsening health condition I have never been fit for work and have increasing health problems 
    They have never asked me to look for work I have supplied sick notes always I have a work coach who I had telephone appointments with 
    my health condition became far worse at the end of 2020 and I continuously asked for a UC50 form it took months for them to send it then took months for them to assess me
    they should have been paying me months  ago instead I had to use food banks and was scared to use my heating all the time my health was getting really bad 
    they knew this and still kept fobbing me off with excuses
    i have applied for pip but I know they will not assess me before I get my state pension so then I will not be able to get this either
    i have already waited 2 months for a pip assessment and I know it will come too late 
    everything that I should have got has been denied to me and so will pip 



  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    edited September 23
    If you’ve been assessed as having LCWRA then the extra money is paid from the 4th month of your claim from when you first reported your health condition. 
    Your PIP claim, as you applied before you reached state pension age so if you’re awarded it will be backdated to the date you first claimed. Payments will then continue and you’ll receive payments every 4 weeks going forward. Reaching state pension age makes no difference. There’s currently huge backlogs for PIP claims and they’re estimating about 10 months for a decision. 
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    Thank you for replying I will definitely appeal I have told them for months and they have had my UC50 form for months they will not give anything without a fight it’s so unfair to be treated this way 
    please can you advise me why they will not pay any backdated money too me as they have had my UC50 since May this year 
  • calcotti
    calcotti Member Posts: 3,069 Disability Gamechanger
    edited September 24
    A worsening health condition I have never been fit for work and have increasing health problems 
    This doesn’t answer the question I asked.
    calcotti said: When you asked in 2020 for the UC50 were you reporting a new health condition having previously been Fit for Work or a worsening health condition having previously had LCW?
     I am still not clear - had you previously been assessed as having LCW? Or was this your first assessment?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    they assessed me LCW and for over two years that’s how it stayed I reported my health condition had got worse in late 2020 I asked for. UC50 form I was fobbed off for months in April 2021 I got the UC50 form they got it in May and it’s taken till now to be assessed they will not backdated it as they say I had a live LCW up till now
    whatever they are saying it saves them paying me money I was entitled too and it seems there is nothing I can do about it
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    they assessed me LCW and for over two years that’s how it stayed I reported my health condition had got worse in late 2020
    How did you report that change, was it through your journal,  by clicking  "report a change of circumstances?"
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    Yes I told my work coach at the time (I’ve got a different one now) they were not any help at all
    the one I have now is really good but it’s too late now

  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    April I reported a health change through the journal
    the problem I find with UC no one tells you the correct procedure and because you don’t know or 
    understand they use that as an excuse not to help you in giving you extra when you are entitled to it if your not told what to do then how can you get it correct to get the help
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    Your problem will be this..
    Yes I told my work coach at the time
    But i'm certain it should be backdated to here.. unless the waiting period applies but i'm not 100% sure. I know calcotti will know for sure.
    April I reported a health change through the journal

  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    Thank you I am absolutely certain I reported a change through my journal and my work coach
    and reported a health change they have really got no reason not to pay me 
    they just won’t and it’s not fair or right and I am one of thousands who are being treated like this
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    edited September 24
    You can look back through your journal entries to see exactly when you reported the changes.
  • calcotti
    calcotti Member Posts: 3,069 Disability Gamechanger
    edited September 24
    If you previously had LCW then the LCWRA element should be payable from the start of the assessment period in which you reported the change in your health condition.
    Your MR is along the lines of.
    Following my recent WCA you have agreed I have LCWRA. You have said this is only payable from X. I reported the deterioration in my health to you on Y (refer to journal entry). Because I previously had LCW I believe the LCWRA element is payable from the date I reported the change. Please review your decision regarding the start date for the LCWRA element. 

    Relevant guidance is paragraph F5046 here
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864911/admf5.pdf
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    calcotti said:
    If you previously had LCW then the LCWRA element should be payable from the start of the assessment period in which you reported the change in your health condition.
    Thanks calcotti, i thought this was correct.
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    Thank you all very much 
    I have asked my work coach through the journal today for a review
     what role does my work coach play in this? As the last two times I have been messaged by the manager and not my work coach 
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    A review for what? if you're talking about the backdating of your LCWRA element then that's not the correct wording to use. First you should look through your journal to see exactly when you reported the changes to your health condition, this should have been done through "report a change in circumstances" rather than tell your work coach.
    Once you've found the correct dates then you need to request the Mandatory Reconsideration not to backdate the element. Details how to do that will be on letter you received about backdated money.
    A case manager or decision maker will then make their decision. A work coach doesn't play any part with this.
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    thank you again for the information I have got a case manager who has told me the claim will not be backdated because my limited capacity was still active even though I reported a change in my health in 2020 only getting a UC50 form in April this year which I didn’t get an assessment until 2 weeks ago 
    my journal records my health issues and I just kept reporting them 
    I have had 3 different work coaches and two different managers all supposedly dealing with my case
    i have phoned the DWP today asking for a mandatory reconsideration  form and I’ve also reported it in my journal 
    they have known for months and months my health has deteriorated 
    when you say a review for what?
    maybe I got the terminology wrong a mandatory reconsideration is what I meant I do apologise 
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    You don't need the MR form because UC is a digital claim, you can request the MR on your journal. You need to be clear on the dates that you reported your worsening of condition. In an above comment you said you told your work coach back in 2020 that your condition was worse, this may not be enough. You then said you reported your health condition on your journal in April 2021 ad you were then sent the UC50. This is why you need to be clear with the dates.
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    thanks thanks one thing about the journal you can go back through it 😊
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    30th January 
    18 March 
    9th April
    20th April
    all report as a health change in my journal 
    this was along side asking my work coach to help 
    got the UC50 form in April they acknowledged they had it in may
    got assessment 2 weeks ago and will not backdate any of my claim 
    reason still an active limited work capacity 
    does that make any sense to anyone as it does not to me

  • calcotti
    calcotti Member Posts: 3,069 Disability Gamechanger
    Are the above dates 2021 or 2020? You originally said you reported the change in 2020. As previously advised 
    calcotti said:
    If you previously had LCW then the LCWRA element should be payable from the start of the assessment period in which you reported the change in your health condition.
    Your MR is along the lines of.
    Following my recent WCA you have agreed I have LCWRA. You have said this is only payable from X. I reported the deterioration in my health to you on Y (refer to journal entry). Because I previously had LCW I believe the LCWRA element is payable from the date I reported the change. Please review your decision regarding the start date for the LCWRA element. 

    Relevant guidance is paragraph F5046 here
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864911/admf5.pdf

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    Evening everyone 
    thanks for all your information and suggestions I have messaged my work coach / manager on Thursday and Friday and today asking for a mandatory reconsideration I also phoned the dwp Friday of last week and the gentleman put it in my journal also
    he said like you all have said if it was reported as a health change in the journal it should be backdated I feel now I am just going to ignored anything else can I do?
  • calcotti
    calcotti Member Posts: 3,069 Disability Gamechanger
    freshwaterlilly said:.. I feel now I am just going to ignored anything else can I do?
    You have done what you need to do by requesting the MR. You now just have to wait until you get a reply (which could be many weeks).
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    Hi everyone 
    I have a mandatory reconsideration decision telling me they totally agree with me that the decision not to backdate was wrong and that I should have been awarded the extra help months ago 
    this is in my journal and I can’t find a way to print off a hard copy of this letter
    id like a reminder of how I have been let down by the DWP and will now write to my MP this I find really insulting they have agreed with everything I said but there is no mention of me getting any backdated money how can this be? Any comments would be much appreciated 
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    That is good news. Before they can pay you what they owe you they have to recalculate your statements to find out how much they owe you and they can't pay you until this is done. This can take a few weeks. Once it's done you will receive another letter on your journal telling you how much you will receive. They will then pay it into your bank, if it's a BACS payment it will take 3-5 working days to go into your bank. If it's a fast payment then it's in your bank they day they pay you.
    You may want to take copies of your existing statements because once they recalulate them they will be replaced with new ones.
  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    Thanks for getting back to me I would phone them but the thought of waiting for over an hour feels
    me with great anxiety 
    is there a way I can copy my journal as when I try to send myself something from the journal by email all I get is the front sign in page I am not good with using a laptop 
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    I don't think ringing them will help because statements are recalculated by a case manager. When you ring, you're ringing a call centre.
    I'm assuming that you can't "send" youself anything because of security reasons. You can take a screen shot of the page. This links shows you how to do that if you don't know. https://www.take-a-screenshot.org/windows.html

  • freshwaterlilly
    freshwaterlilly Member Posts: 36 Listener
    thanks I will have a go
    I didn’t ring in any event it would like you say pointless
    i just hope they will backdate it fairly
    this has been an extremely difficult journey through the benefits system with my health issues and a vindictive x husband which has left me traumatised the system really needs to be looked at my experience was horrible and very few people wanted to help me
    so glad I found this site as you have all been very helpful 


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