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Awarded lcwra do you get backdated pay from your first sick note?

dandanx

Hi I’ve just been awarded lcwra do you get backdated pay from your first sick note or from when you filled the forms in?

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poppy123456

The only person that can answer that is a DWP decision maker. Timescales are between 2-12 weeks for a decision on MR's.

dandanx

Ok thanks

poppy123456

libralady said:

Hi, I've been reading your thread replies and I think we may have done exactly the same thing as we thought providing fit notes was reporting his health condition too, my partner has been getting fit notes for about 18 months now and only got the assesment form when citizens advice advised my partner to ask universal credit for it in June this year, and he's just been told this week that he's been awarded the lcwra component, its already showing that it will go on this months payment but have only been awarded backdated payments for two months other than that, which i calculated is from the date we sent the assesment form in and isn't calculated from any further back from then, have they calculated right? thanks

You are supposed to report a health condition under "report a change" then send in fit notes without any gaps. You can go back through your journal to check whether this was done and also to check that there's no gaps in the fit notes being reported.

When you report a health condition you're then supposed to be referred for a WCA on day 29 of your claim, if no health condition was reported this could have been why no referral was made.

Did your partner work at all during those 18 months?

calcotti

libralady said:

No he hasn't worked, though after reading your thread I went through whole journal and realised he'd been refused it in mar 2020 but has carried on getting fit notes since then,

That's surprising as UC normally refuse to accept Fit Notes once a decision has been made. Was the March 2020 decision that he was found Fit for Work or was he found to have LCW but not LCWRA? On the recent decision letter what date does it say LCWRA applies from?

poppy123456

libralady said:

I went through whole journal and realised he'd been refused it in mar 2020

Then this completely changes everything. If he was found fit for work in March 2020 then what you should have done was request the Mandatory Reconsideration. (MR) As this wasn't done then they will likely only start the waiting period from March 2021.

calcotti

libralady said:.. he hadn't been put forward for it again since his last assesment date in mar 2020 even though hes carried on getting fit notes still since then.

As advised it is surprising that UC even accepted the Fit Notes after a decision had been made. No new referral would be made unless they were notified of a change of condition.

poppy123456

Carrying on sending fit notes after he was found fit for work isn't helpful because they won't be accepted. When he was found fit for work on the letter it would have explained what you can do if you disagree with the decision and the MR should have been requested.

As this wasn't done then you won't receive backdated money for the whole period of sending in fit notes.

calcotti

libralady said:

Hi, why from only 2021? As though he was refused it in mar 2020 hes still carried on getting fit notes, also they've only considered it from when he filled form in which was in June.

As advised continuing to send in Fit Notes is irrelevant once a decision has been made. Only reporting a change of health circumstances would trigger a new assessment.
As per previous reply:
Was the March 2020 decision that he was found Fit for Work or was he found to have LCW but not LCWRA? On the recent decision letter what date does it say LCWRA applies from?

poppy123456

If the decision hadn't changed at MR then you could have gone onto Tribunal. As this didn't happen then the waiting period starts from March 2021, as advised.

calcotti

libralady said: Also how long will it be before he has to do another assesment?

There is no fixed time scale. DWP will have a suggested review date on their files but that doesn't mean a review will happen at that time.

calcotti

Your message is legitimate.

UC appear to be taking June 2021 as the start date because that is when he requested a Work Capability Assessment.

However, if the work coach recorded a change of circumstances in March 2021, the question is why a Work Capability Assessment was not triggered then which would then be the date the LCWRA should start from (in which case the LCWRA element would be payable from July or August depending on your UC assessment period dates and the date the change was recorded).

calcotti

I would be asking for LCWRA to be applied from March on the grounds that is when the change in health was recorded. There will still be the three month wait until LCWRA element is payable.

poppy123456

Once the decision letter was uploaded onto the journal this would have prompted the other letters to be uploaded to, my daughter had exactly the same when she had her WCA decision last year.

The message you put onto the journal may take a while to be answered. If you haven't already then you can put the message under the payment section and this may prompt a case manager to see it.

poppy123456

Asking them to look at starting the waiting period from March 2021 will not affect your partners LCWRA award because the decision has already been made that's found them to have LCWRA.

I agree it's a lot of money to lose and if it were me then i'd be asking because i do think they are wrong by starting the waiting period from June.

poppy123456

If it shows on your journal that your work coach reported a worsening of condition in March 2021 then you need to tell them this and also tell them that you believe the waiting period should start from March and not June.

As advised, it may take a while for someone to read any messages, how long, i have no idea.

calcotti

libralady said:

Hi, if I do decide to ask them to look at waiting period again then should I wait until they reply to my previous message first?

I agree with poppy. Post another message along the lines of "Further to my earlier message I note that a change of circumstances was noted in my journal by my work coach on xxxx. I believe that I should be treated as having LCWRA from that date."

poppy123456

You've questioned the backdating of the LCWRA payments and it sounds like you've made it very clear what you're asking. This won't affect the decision that found your partner to have LCWRA.

All you can do is try to reasure you're partner that their LCWRA won't stop.

poppy123456

Which clearly says you're questioning the decision of when it's awarded from. You're worrying needlessly, please try to relax. The LCWRA element will still be paid going forward.

dandanx

Can I before removed from this thread as I’m getting all these messages that are irrelevant to me

poppy123456

dandanx said:

Can I before removed from this thread as I’m getting all these messages that are irrelevant to me

That will be because libralady commented on your thread, rather than start their own. You can go into your settings and untick notifications.