Lcwra back payment issue

rocka_billy

Hi,
 i filled in my uc50 in oct 2019 and handed in my first fit note november 2019 due to a illness that prevents me from work.
I waited 6 months for a medical assessment and rang them numerous times to say when will i be assessed, they basically told me there is a back log due to covid so i waited another 6 months so rang again to see how long it will take for a assessment and with my disbelief they said they have not recieved my uc50 🤔 my support worker filled in my forms together with me and i posted them.
So in February 2021 i had to fill out another uc 50 and i have just recently been awarded the lcwra on june 2022. 
I have nearly 2 years of back pay due as my fit notes in my uc journal start in nov 2019 and the uc50 was submitted in oct 2019. Uc have offered me a back payment for 5 months? Surely thats not right, it cant be..
Any advice please as to when my back pay should really start, is it from the first uc50 i sent in 2019 or the second one in feb 2021. Thankyou 

calcotti

How did you fill in a UC50 before handing in a Fit Note? UC50 is not issued until after Fit Notes are supplied.

rocka_billy

Sorry yes the fit notes start as far back as july 2019. The uc 50 was done in oct 2019.
Thanks

calcotti

If you have provided continuous Fit Notes from July 2019 then you should get LCWRA element from November or December 2019.
The issue is obviously them saying you didn’t supply UC50. What doesn’t make sense is that’s if they thought you failed to  supply a UC50 they would have declared you fit for work and refused to accept further fit notes, so their narrative doesn’t hang together.

Alex_Alumni

Hello and welcome @rocka_billy and thanks for staring this discussion, I can see you've posted in another thread, but hopefully this discussion will help you get to the bottom of things. 

Is there anything you're still feeling unsure about?

Let us know if we can be of further help

rocka_billy

Thankyou so much for your useful information. 

rocka_billy

Hi alex, the issue i have is that UC are not willing to backdate further, they want me to do a mandatory form to appeal the decision so thats my next step. Thankyou your advice is much appreciated. 

Sue_Alumni

Hello rocka_billy
Yes do the mandatory reconsideration and use the points calcotti has made.  Good luck and let us know how you get on. 

poppy123456

When you returned the form in 2019, if they didn't receive it were you found fit for work because of that? Did you have a decision letter on your journal?

calcotti

Johnmduk1 said:

Just a question re bd, if folks say have over few years, how does this affect their limit on savings saying DWP caused the build of of saying over £6,000

If you are asking about arrears of benefit then the arrears will be disregarded for 12 months.

rocka_billy

Alex_Scope said:

Hello and welcome @rocka_billy and thanks for staring this discussion, I can see you've posted in another thread, but hopefully this discussion will help you get to the bottom of things. 

Is there anything you're still feeling unsure about?

Let us know if we can be of further help

I really appreciate your kind words and i will definitely be in touch regarding any concerns etc. Thankyou

rocka_billy

poppy123456 said:

When you returned the form in 2019, if they didn't receive it were you found fit for work because of that? Did you have a decision letter on your journal?

Hi, yes my journal started to get bombarded with job advertisements so i addressed this to uc and my support worker, i have visited the job centre for interviews whilst on fit notes, i really cant understand why i was made to look for work whilst on fit notes.
Cheers for your message.

rocka_billy

rocka_billy said:

poppy123456 said:

When you returned the form in 2019, if they didn't receive it were you found fit for work because of that? Did you have a decision letter on your journal?

Hi, yes my journal started to get bombarded with job advertisements so i addressed this to uc and my support worker, i have visited the job centre for interviews whilst on fit notes, i really cant understand why i was made to look for work whilst on fit notes.
Cheers for your message.

P.s they did not receive my uc50 in 2019 but we definitely sent it. Thankyou

rocka_billy

calcotti said:

If you have provided continuous Fit Notes from July 2019 then you should get LCWRA element from November or December 2019.
The issue is obviously them saying you didn’t supply UC50. What doesn’t make sense is that’s if they thought you failed to  supply a UC50 they would have declared you fit for work and refused to accept further fit notes, so their narrative doesn’t hang together.

Hi, i started receiving alot of job vacancies adds on my uc journal whilst on fit notes, i addressed this to uc and still had to attend the job centre and they know i cant get around without my support workers and clearly knew im not fit for work. I later recieved a call to say im exempt from visiting the job centre again. Thanks

poppy123456

rocka_billy said:

poppy123456 said:

When you returned the form in 2019, if they didn't receive it were you found fit for work because of that? Did you have a decision letter on your journal?

Hi, yes my journal started to get bombarded with job advertisements so i addressed this to uc and my support worker, i have visited the job centre for interviews whilst on fit notes, i really cant understand why i was made to look for work whilst on fit notes.
Cheers for your message.

That’s not what I meant. If a work capability assessment form is not received by them then you can be found fit for work for not returning the form, even though you said you did. 

If you were found fit for work then you would have had a decision letter on your journal. Please go back onto your journal within a few months of returning the first form back and see if there’s a letter. 

Regarding your claimant commitments when sending the fit notes, it’s perfectly normal to have to attend appointments etc because when claiming UC you are classed as a job seeker until a decision is made on the work capability assessment. Unless a work coach turns off or reduces commitments.

rocka_billy

poppy123456 said:

rocka_billy said:

poppy123456 said:

When you returned the form in 2019, if they didn't receive it were you found fit for work because of that? Did you have a decision letter on your journal?

Hi, yes my journal started to get bombarded with job advertisements so i addressed this to uc and my support worker, i have visited the job centre for interviews whilst on fit notes, i really cant understand why i was made to look for work whilst on fit notes.
Cheers for your message.

That’s not what I meant. If a work capability assessment form is not received by them then you can be found fit for work for not returning the form, even though you said you did. 

If you were found fit for work then you would have had a decision letter on your journal. Please go back onto your journal within a few months of returning the first form back and see if there’s a letter. 

Regarding your claimant commitments when sending the fit notes, it’s perfectly normal to have to attend appointments etc because when claiming UC you are classed as a job seeker until a decision is made on the work capability assessment. Unless a work coach turns off or reduces commitments.

Unfortunately due to my condition and covid restrictions in 2019 made things very difficult for me to get the support required , finally thanks to a random call from shelter after 6 months since my illnes they sorted out my benefits etc, and cant thank them enough  for the support and their proffesionalism. 
The first interview in person at the job centre with a work coach was constructive, he basically told me you should not be here on the basis of looking for work. Basically he dismissed me and said i no longer need to attend again in the future. I was still getting job vacancy opportunities on my journal for at least 2 weeks regardless of visiting the jobcentre. Uc really need to sort out my legitimate back payment that im entitled to.
I started working at the age of 16 until 46, not being able to get out again and work is a very difficult mental health position to be in. Lifes troublesome as it is with my condition and I hope UC come out with the righteous decision and pretty quick.
Over the past 3 years that ive been unable to work i have got myself into debt for the first time in my life, i had no option but to go for a debt relief order, i really think that if UC had entitled me to the lcwra back in 2020 then I would have not been in this position today.
Thankyou 

calcotti

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poppy123456

You still haven't answered the question... were you found fit for work back in 2019 when they didn't receive your UC50 form?

poppy123456

Johnmduk1 said:

Poppy he had a form going missing then refilled a further on

Yes, i can see that. DWP have strict rules about the work capability assessment forms being received on time. If this doesn't happen then a claimant could be found fit for work. If this happened then it will affect the amount of money that's owed. I've asked the same question 3 times and no answer has been given.

Johnmduk1 said:

 my fit notes in my uc journal start in nov 2019 and the uc50 was submitted in oct 2019.

I don't know how it's possible to receive the UC50 form before you submit a fit note because you can't be referred for the WCA without a fit note.

The correct advice can't be given without all the correct information.

calcotti

poppy123456 said: 

I don't know how it's possible to receive the UC50 form before you submit a fit note because you can't be referred for the WCA without a fit note.

Third post in the thread corrects the first Fit Note to July 2019, not November.

poppy123456

calcotti said:

poppy123456 said: 

I don't know how it's possible to receive the UC50 form before you submit a fit note because you can't be referred for the WCA without a fit note.

Third post in the thread corrects the first Fit Note to July 2019, not November.

Thanks calcotti, i missed that one.