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Confusion over my lcw and MR for lcwra

a9324

Hi all,

any advise on my confusion would be appreciated

so I went on to UC in November 2021 and was providing fit notes from January 2022 which was accepted by my work coach.

I have sent monthly sick note from then onwards and they have been accepted.

I had a work capability assessment over the phone and on the 11th May I had a letter on my journal to say I had limited capability for work.

On the 19th May I attended my interview with my work coach as normal and nothing was explained to me regarding the lcw. I just assumed I wouldn’t need to go to the job centre anymore.

On the 30th May I submitted a MR for the lcw and sent evidence form dr/physio ect.

I’ve updated with all evidence as and when I received this since May.

On the 15th July I had a message on my journal sending the rest of some uploads I sent in to the MR decision maker, I had a reply from a agent stating this information had been sent over to the team dealing with my MR and that she had sent a escalation to

See if it can be looked at any sooner.

Today the 19th July was my work coach appointment which was done via telephone this time, she’s now booked my appointment for the next one in October (usually have the quite often) I told her I have more evidence but nothing there on my journal to be able to upload the documents (this has to be requested for you to be able to do so) my work coach stated I didn’t have to send any more documents as the decision had been made. I didn’t think to ask what this was I thought I would have a decision letter on my journal and i hadn’t seen this.

I have logged on to my journal but nothing there, I assumed I would have an attachment like I did after the work capability assessment.

How will I know what the decision on the MR is? Will I receive a letter in the post of r on my journal?

If I have been successful on the MR and awarded the lcwra will I get this back paid from after my 3 month waiting period or just from the MR decision? Or from the original decision?

It’s all so confusing and I don’t understand it all.

Sorry for all the questions and things but if anyone knows any information to help my question I would be grateful to hear from you.

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Comments

poppy123456

Once the decision is made the case manager will upload the letter onto your journal. If the decision hasn't changed then you can proceed to Tribunal.

If you are eventually found to have LCWRA then the extra money is paid from the 4th month after you reported your health condition. If you provided fit notes from Jan 2022 then the extra money will be paid from either May or June depending on the exact date you sent the fit note and what date you usually receive your money each month.

a9324

Thank you poppy, yes that’s wha to thought that it would be uploaded to my journal.

My work coach told me this morning on the phone the decision has been made but I haven’t had anything showing me the decision.

poppy123456

Your work coach maybe wrong and the decision may not have been made. If it had been then the letter would be on your journal.

a9324

Thank you, i have left a message on my journal ask about it.

L_Volunteer

You are welcome @a9324. It is the very least you deserve. How are you feeling about leaving a message on your journal to ask about it? Hopefully, someone will be able to answer your question soon

L_Volunteer

Thanks for sharing your tips with us @Johnmduk1

aisha2017

Hello
My case it’s similar with your. what is the evidence you sent from physio? Appointment letter? Or did you ask the physio for a report?

poppy123456

aisha2017 said:

Hello
My case it’s similar with your. what is the evidence you sent from physio? Appointment letter? Or did you ask the physio for a report?

Future appointment letters are not classed as evidence. The evidence you should send should state exactly how your conditions affect your ability to do any work. It may not be possible for a physio to write any letter of support, i've often found they are just too busy so will refuse.

Your own anecdotal evidence will be the best you can send. A couple of real world examples of exactly what happened the last time you attempted each activity. Make sure you give detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were.

The evidence someone else sent may not be useful for you because it's not about a diagnosis.

janch63

I have just won tribunal for lcwra, been putting sick notes in since April2021. Today I was told I will only be getting backpay from my award from date I was awarded lcw. I’m sure this is wrong please help

Ross_Alumni

janch63 said:

I have just won tribunal for lcwra, been putting sick notes in since April2021. Today I was told I will only be getting backpay from my award from date I was awarded lcw. I’m sure this is wrong please help

Good morning

Good to hear you've been awarded LCWRA. Regarding your fit notes, were they continuous without any gaps in the dates they covered from April 2021?

Also, how did you find the experience of the tribunal? We hear from a lot of members with quite varied experiences, so it would be interesting to hear from you about yours.

janch63

Was awarded lcw in January 2022 and told I didn’t need to put sick notes in even though I was doing a mr, the MR didn’t change outcome so I went to tribunal. Job advisor told me to start putting sick notes in a again but only in case I lost tribunal and then I wouldn’t have to wait the three month period to get uc50 form.

poppy123456

janch63 said:

I have just won tribunal for lcwra, been putting sick notes in since April2021. Today I was told I will only be getting backpay from my award from date I was awarded lcw. I’m sure this is wrong please help

The LCWRA element should be paid from the 4th month after you originally reported the health condition, provided you sent in fit notes without any gaps until the original decision was made.

janch63 said:

Job advisor told me to start putting sick notes in a again but only in case I lost tribunal and then I wouldn’t have to wait the three month period to get uc50 form.

That's very poor advice. When you put in that fit note it could have been classed as a change of circumstances and prompted another review. There's no waiting period of 3 months before you get the UC50 form.

janch63

The new sick notes didn’t start till March 2022, I have been awarded lcwra from 26 January 2022, this is the date I was first awarded lcw.

calcotti

janch63 said:

The new sick notes didn’t start till March 2022, I have been awarded lcwra from 26 January 2022, this is the date I was first awarded lcw.

Am now confused because you have referred to an LCWRA decision made by tribunal and an award of LCW in January 2022.

janch63

Had assessment on 6th December 2021, got awarded lcw on 26th January 2022 told to stop sick notes and put in MR, this didn’t change so took it to tribunal, then was advised to start sick notes in March to get the ball rolling in case I didn’t win tribunal and also I was given a diagnosis for my condition. Win tribunal on8thJuly 2022. Then received this message in journal LCWRA starts from26th January 2022 as this is the first instance of LCWRA at the relevant period has been applied. Sorry for long post but reall struggling with it all. Thank you

calcotti

Sorry, that was me mixing up dates. It's unfortunate that you posted on a previous thread because I've got the dates mixed up from two different posters with different histories. Any change the moderators can unpick this?

The tribunal decision is about whether or not the original decision in January 2022 was correct. The tribunal decision is that you should have been found to have LCWRA (Tribunal has come through very quickly). That replaces the January 2022 decision. However that decision should then be applied from when you first reported your health condition on provided you supplied continuous Fit Notes from April 2021. You would then be entitled to the LCWRA payment from August or September 2021 depending on exact dates.

janch63

Fit notes where supplied from April 2021 to February 2022. Waiting to hear from cab, so hopefully will get it sorted, thank you much appreciated.

janch63

Tribunal experience was fine, made to feel at ease, judge and doctor very pleasant. Much better than the original assessment I had.

L_Volunteer

Thanks for sharing your experience with us @janch63. It is really positive to hear you had a positive experience.

It sounds really great that you were made to feel at ease and the judge and doctor were very pleasant. I am sure sharing your experience will help some of our community members

janch63

I think you are right poppy and they have only gave me lcwra from putting in new sick notes, can they do that though if my assessment was in December,