LCWRA Backpayment

court01

Hi all. I am new just looking for some advice on backdating of LCWRA. Bit of a long one so I do apologise in advance.. 

Background: 

I had a severe motorbike accident in November 2019 leaving me with a fixed metal jaw, a bleed on the brain, cracked skull and various mental health factors. I have also been diagnosed with a learning difficulties and an impairment. I first notified UC of this change and uploaded my first sick note dated 13th November 2019 - 6th January 2020. 

Due to COVID all things were slow and I was then asked to provide a further fit note dated 1st April 2020 - 1st July 2020. 

No more fit notes were added to my journal during this time from July 2020 until a WCA assessment was arranged for me in June 2021. 

The outcome of this assessment was that I was found capable of working. I then asked them for a Mandatory Reconsideration of this which again they denied. I then took this to the Tribunal and on 9th March 2022, it was decided by the Judge that the decision of the DWP be overturned and that I be awarded with LCWRA. 

However, since 9th March 2022, I have had no communications with UC despite leaving several messages in my journal. 

They should have received a copy of the outcome by now from HMCTS. 

I am also racking my brains as to work out how much I will be receiving a back payment of due to not actually been able to work since November 2019 and being constantly fobbed off by UC.
I know/understand you have to wait an initial period of 3 months from the date you first upload a sick note this should of then triggered a WCA in February 2020 but yet again did not and the WCA was not carried out until June 2021 and not receiving a decision from the HMCTS until March 2022.
Could anyone please give me some help and advice on this and how much I should be roughly expecting from them as a back payment or whether it will be the normal “3 months”. 

My assessment period is from 13th - 12th every month. 

Thank you all much appreciated 🙏🏻

poppy123456

Hi,

Was there any reason why you didn't add anymore fit notes between July 2020 and June 2021? This could cause problems with the amount of money they owe you. You're supposed to continue to send fit notes with no gaps until a decision's been made on your WCA.

You're waiting period will be Nov/Dec, Dec/Jan, Jan/Feb.. LCWRA starts from AP 13th Feb - 12th March with payment being 19th March 2020. Whether you'll receive money between the dates you didn't send fit notes, remains to be seen.

They very likely did receive notification from HMCTS with the decision but it often takes several weeks to action the award.

court01

Hi, thanks for your comment! 

Due to the accident and learning difficulties, I was unaware I was even able to claim LCWRA and knew nothing of this. Neither was this mentioned to me by UC on my journal or in person during the 4th assessment period. This is why I’m questioning how UC treated me during this time. I was totally unaware that I would be entitled to this.. 
I wasn’t in the right frame of mind during 2019 late 2020 and UC knew of my position. Hence why no fit notes were requested or sent during the period July 2020 - June 2021. Also the WCA was not actually taken place until June 2021 and I am unsure what actually triggered this as no fit note was handed in prior to the 3 months before.. 
This is all confusing me and stressing me out  

poppy123456

I can only tell you the rules. Part of the criteria is you need to send fit notes without any gaps. It will be down to a decision maker to decide how much money is owed.

It's not unusal to wait several weeks, sometimes longer after a Tribunal decision.

calcotti

If you are not satisfied with the way your claim was processed you can make a complaint and ask for compensation if you think you have lost out.
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure