Confusion over my lcw and MR for lcwra

poppy123456

Then the answer is the same as yours. It should be paid from the 4th assessment period after the health condition was reported. Providing fit notes were sent without any gaps until the original decision was made.

janch63

Thanks, will pass message on, he never put sick notes in after his assessment as he was told not to. 

poppy123456

Fit notes needed to have been sent until the original decision was made. When they were found fit for work no fit notes would have been accepted so it’s irrelevant anyway.

janch63

Thank you

janch63

Journal entry from DWP. The new work capability decision only applies from 26/01/2022 as it was the original decision that was made on 26/01/2022 finding you lcw that went to tribunal. As this was a brand new work capability decision the three month relevant period applies. Still no idea what this means.

poppy123456

janch63 said:

Journal entry from DWP. The new work capability decision only applies from 26/01/2022 as it was the original decision that was made on 26/01/2022 finding you lcw that went to tribunal. As this was a brand new work capability decision the three month relevant period applies. Still no idea what this means.

That's not correct. As previously advised the waiting period starts from when you first reported your health condition is 2021. The first LCWRA payment should have been from your September payment, as advised by calcotti earlier in the thread.

You can request the MR of this decision and tell them exactly when you sent your first fit note and when the first payment should be.

janch63

New message today in journal after I asked why my LCWRA hasn’t been backdated to when I started sick notes. Reply is. Because the previous work capability decisions still apply. It was only the decision that was made in January 2022 that you disputed and took to tribunal. 

calcotti

What date was the decision that you were appealing to the tribunal?
What does the tribunal decision say about what the tribunal was about?

poppy123456

calcotti said:

What date was the decision that you were appealing to the tribunal?
What does the tribunal decision say about what the tribunal was about?

Looking back through the thread (though it's confusing because there's 2 different members posting in the same thread) the LCW decision was made in Jan 2022 and this is what the Tribunal was for and they were then awarded LCWRA by the Tribunal.

janch63

The decision was made in January 2022, then I went to tribunal. Tribunal was in July 2022 and was awarded LCWRA.

calcotti

poppy123456 said:

Looking back through the thread (though it's confusing because there's 2 different members posting in the same thread) ..

Wish that didn’t happen!

janch63 said:

The decision was made in January 2022, then I went to tribunal. Tribunal was in July 2022 and was awarded LCWRA.

In that case the LCWRA decision is applicable from January 2022. If that is then the WCA outcome you will be entitled to be paid the LCWRA element from May or June depending on what day you are normally paid and when you reported the health condition.

(Amazed your tribunal decision was so soon.)

poppy123456

calcotti said:

janch63 said:

The decision was made in January 2022, then I went to tribunal. Tribunal was in July 2022 and was awarded LCWRA.

In that case the LCWRA decision is applicable from January 2022. If that is then the WCA outcome you will be entitled to be paid the LCWRA element from May or June depending on what day you are normally paid and when you reported the health condition.

(Amazed your tribunal decision was so soon.)

Not according to our calculation isn't not. Fit notes were provided from April 2021. LCWRA element should be payable from September 2021.

janch63 said:

New message today in journal after I asked why my LCWRA hasn’t been backdated to when I started sick notes. Reply is. Because the previous work capability decisions still apply. It was only the decision that was made in January 2022 that you disputed and took to tribunal. 

Did your request the MR on the decision not to backdate it? If not then you'll need to do that. The Tribunal decision was LCWRA which means the decision that was made in January should have been LCWRA therefore i can't see how they are saying the previous WCA decision still applies.

janch63

I have requested an mr. I am so confused by it all.

calcotti

poppy123456 said:.

Not according to our calculation isn't not. Fit notes were provided from April 2021. LCWRA element should be payable from September 2021. 

Totally confused then - I though poster had just said the decision the tribunal was looking at was a decision about January 2022.

Poster - do you mean that the January decision was about April 2021. If so the tribunal decision should apply from April 2021. Thanks for poppy for working through the thread.

poppy123456

DWP are incorrect here not to backdate the LCWRA element. The decision in January should have been LCWRA, if DWP had made the correct decision at that time then the LCWRA would have been from April 2021. Add on the waiting period and it takes it to September 2021 as first payment. 

janch63

I have asked in journal six times now for someone to please explain this to me. They reply but not explaining how they come to the decision, its all DWP language.  Still no reply on mr though requested this on 8th august. Not sure I can go through this all again. Thought my fight was over when I won tribunal. Have also put in a complaint about them taking a week to reply to me and explaining properly.

calcotti

Are you willing to post information about the tribunal decision - it seems odd to me that the tribunal decision doesn’t say what the referral refers to.

janch63

Yes no problem, 

janch63

Just tell me what part of decision you want.

calcotti

janch63 said:

Just tell me what part of decision you want.

Just trying to see what the tribunal decision says the decision is about - I would expect some reference to the date of the applicable decision.