LCWRA backpay reconsideration

Nay007

Hi guys hope someone could help. I’ve recently been given LCWRA after giving fit notes from may 2019. When lockdown hit my GP stopped giving notes due to it not being an ‘emergency’ and heavily understaffed I let the job centre know this. When I could get them again I did. I was awarded and backdated from the date I started giving notes again after lockdown lifted slightly. Which was feb 21. I said I could provide the notes from the missing periods if they needed and I did. It’s now been in the hands of the decision maker and been with them since 13th June. How long normally does this take to get a decision back on average? Any advice is welcome as I’m new to all this! Thank you 

poppy123456

Decision timescales are between 2-12 weeks.

Nay007

Thank you for the information Poppy. I appreciate it 

L_Volunteer

You are welcome @Nay007. It is the very least you deserve. If we can do anything else to support you, please don't hesitate to let us know. We are all here for you 

Nay007

Actually got a decision back, I was declined it. They said they can’t accept the backdated fit note as it’s only just been handed in as evidence. I did mention before the LCWRA award I can get in touch with GP to fill the gap as my work coach saw the work assessment was taking a long time due to a the gap. (First I heard it was an issue) not once before did the job centre question it. But it wasn’t until the award was given and I got back dated money from after lockdown when I started getting fit notes from the GP again. My case worker suggested suggested I get the gap filled in and ask for the decision to be looked at again. Honestly thought it would be a straight forward thing. I told them many times it was out of my hands and literally impossible to get a note during that time when my GP outright refused (receptionists) to do any notes. Even though it’s handed in and they accepted the backdated fit note with my reasons why it didn’t get done consistently even though my condition did not change and I consistently handed in fit notes since may 2019 - 1/06/20- 24/2/21 (this was the gap I was constantly declined notes) then proceeded to consistently give notes after that period. Like I say I have provided them with the note immediately upon request to do so. My decision maker has declined basically saying they couldn’t take the note into consideration? What? So basically losing out on backdated money from may 2019 - 25/2/21  which is a considerable amount. Any had this issue or know of anyone? 

poppy123456

The rules when reporting a health condition is you need to send a fit note within 7 days of this and continue to send them without any gaps until a decisions been made on your claim. Backdating a fit note doesn't usually help here.

Nay007

Even with the reason why? Of course it wasn’t me breaking that rule. I feel I couldn’t have done anything more as it was completely out of my hands. Shouldn’t they at least see that from my view? Also poppy I’ve seen you on every post I researched I thank you for all the hard work you do here. Very knowledgeable and helped so many. It’s incredible to see.  

poppy123456

You can take it to Tribunal but it could be a case of your word against theirs. Although you'll have nothing to lose apart from the added stress of the Tribunal itelf. Others here may think differently.

Thanks for your kind words, much appreciated

maddanj

I would definately appearl Nay007. I thought my wait for a WCA was a record at 3 years since initial claim. I've been awarded Support Group by ESA and LCWRA by Universal Credit. I had a joint UC and new style ESA contribution based claim.

Universal Credit Case Manager called with LWCRA decision said they would only pay arrears initially I had a deduction of 7.18 over the benefit cap a year ago so would only pay me arrears to that date. Not that I'd noticed as I thought it was for capital as it usually was. I had covid so not well enough to figure it out. Then Case Manager said I had missing fit notes "not declared" during the dates when Job Centre said don't send them and they don't know what to do with them and JC's closed. 3 periods over the Covid lockdowns. I had sent them eventually to the JC's and uploaded to ESA. I don't recall having a Task to declare fit notes for the whole 3 years. When I got new fit notes, the system started to send me a task. All correspondence of these fit note dates are in my journal except for these 3 periods over 9 months and for one which was sent to the JC, it was declared by An Agent. 

7 days later, ESA called about the Support group award and mentioned some of my Fit Notes weren't signed. I said that was beyond my control as the GPs were working from home and Admin team at surgery print / PDF to email them to patients.They accepted this and paid arrears for the whole period - 144 weeks.

So I'm caught between 2 departments which don't communicate and UC case manager said do a Mandantory Reconsideration. I think they need to explain the process and let me know when the declare a fit note task function went live in Universal Credit system as they can tell me anything and I have no evidence as to this.

All the best. I hope you get your appeal.