Can I appeal a decision not to backdate my claim?

freshwaterlilly

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

poppy123456

freshwaterlilly said:

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

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

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?

freshwaterlilly

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

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

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

freshwaterlilly said:

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?

freshwaterlilly

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

freshwaterlilly said:

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

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

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

Your problem will be this..

freshwaterlilly said:

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.

freshwaterlilly said:

April I reported a health change through the journal

freshwaterlilly

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

You can look back through your journal entries to see exactly when you reported the changes.

calcotti

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

poppy123456

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

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

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

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

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.