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Got 0 points on first assessment. Reapplied and got awarded. What are the chances they'll backdate?

privateplease

Hi so I applied for lcwra on 02/05/21 , I failed got zero points, I reapplied in November and passed . I’m now challenging them in hopes that I can get it backdated to the first claim as I feel it was completely disregarded and it was completely wrong to get zero points as I suffer with many problems. What are the chances that they will backdate it for me ?UC have asked WCA to consider this . Do you think I have a chance? So confused

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Comments

poppy123456

What you should have done with that first decision is request the Mandatory Reconsideration? Was there any reason why you didn't do that?

When you reapplied was this because of a worsening of condition or a new condition? Usually fit notes aren't received for the same condition as previously.

Your first claim was a different claim, this would be a new one.

privateplease

No once I failed I didn’t request mandotory reconsideration because I got 0points I was too scared, I reapplied all same health conditions epilepsy/anxiety I updated one more health condition as I now suffer with insomnia. I passed based on my previous health conditions that I somehow in May got 0points for. That’s why I wanted to request backdated as it’s the same health conditions and I felt it was unfairly decided last time as there was no phone call or forms it was basicly just decided off my health conditions on UC , do you think they would backdate it? Is there any chance as I could really do with it

poppy123456

privateplease said:

I updated one more health condition as I now suffer with insomnia.

This here ^^ would be the reason they accepted your new fit note. I wouldn't expect it to be backdated to the very first it note because that was a different decision to which you were found fit for work. What you should have done was request the MR then Tribunal.

There's no harm in asking and it will be down to a decision maker to make that decision.

calcotti

You can't 'backdate' the new decision. As you are within 13 months of the previous decision you can however still request a mandatory reconsideration of that decision.