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Lcwra decision maker has made a mistake how do I get it fixed

Faye1

Hi my brother was awarded limited capability for work and work related activities on the 7th of October 2021

He has been told by a worker for UC they are back dating his payment from 22nd January 2020 which is when he put in his fit notes and got his claim form.

He has had a message on his journal saying the decision maker has made his decision on the back pay to say he won’t get any as his 3 month assessment period starts the date he was awarded the 7th October.

He has spoke with people from UC and they can’t understand why they would do that as his claim is from last year and has just been ongoing since then.

has anyone had his problem I’m guessing they don’t want to pay out since it would be a very very large amount and they are trying to get out of it!

apparently they have asked the decision maker to look at his decision again but we don’t know how long this will take for him!

please can anyone help Thank you

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Comments

calcotti

Faye1 said:..I’m guessing they don’t want to pay out since it would be a very very large amount and they are trying to get out of it!

It is unlikely to be deliberately devious like that - it’s just a mistake.

if he reported his health condition in January then those who told him the LCWRA element will be paid from January are also wrong (unless he previously had LCW).

He needs to request a Mandatory Reconsideration of the decision to only pay the LCWRA element from the date of decision. Remind them of the date he reported his health condition and that he should be treated as having LCWRA from that date and the LCWRA element should be included in the fourth full assessment following that.

Faye1

Hi he has told them all the information and when he spoke to 2 different people from UC about the back pay they had read what the decision maker had wrote and both said that they don’t understand why he wrote that as the 3 month AP is from the start of his claim not from the date he was awarded. And have both told him she should be awarded back pay now he has been awarded lcwra

poppy123456

Faye1 said:

apparently they have asked the decision maker to look at his decision again but we don’t know how long this will take for him!

There’s no timescales for any decision.

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