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Please help - lcwra backdated payment

jofo1986

Hello I am hopeful someone will have some information regarding the lcwra.
I am trying to sort out all my brothers benefits and after continuous sick lines from mid 2018 for the same health conditions he has finally been accepted for lcwra along with admittance this should have been the case a long time ago.

We received the acceptance 3 weeks ago and he is due his first payment at the end of this week but they STILL have not figured out his backdated payments even after being told from his work coach all payments would be made on the 26th along with his first lcwra payment.
I am aware of the 3 month waiting period and know he won’t be paid for this but even without this he is due at least £12,000. This doesn’t include the many months he was sanctioned for not attending the work related activity that he couldn’t go to due to his health conditions. In total he should receive close to £15,000 and we are going to fight tooth and nail for every penny as he has been living off a measly £250 a month for years which has resulted in his conditions worsening severely.

My question is, how long does it usually take for backdated payments to be paid and if they are likely to fight the money they are due?

I really appreciate any help as I am unsure where to go from here.

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Comments

poppy123456

That's a very long time to wait for a work capability assessment decision! There's a full 3 month assessment period waiting time and the extra money is paid from the 4th month of his claim, starting when when he first reported his health condition.

It often takes a few weeks to pay what they owe you, which will be paid separately to your usual monthly amount.

First they have to recalculate your past statements to work out exactly how much they owe you. They then work out how much you should have been paid against how much you have been paid and you will then be owed the difference between the 2.

Once the statements have been recalculated they will replace all the previous statements so you may want to take screenshots now.

As it's such a large amount of money then it could take quite a few weeks. Once it's done he'll receive a letter onto his journal telling him how much is owed and it will then be paid into his back.

I'd advise you to put a message onto his journal under the payment section and ask about the money they owe him.

jofo1986

Thank you so much! It was so strange, he applied for a decision in 2019, 2020 then 2021 and finally his work coach did it again on his behalf at the end of last year stating that this individual should not be attending any work related activity after he had a breakdown in the office after having been forced to attend a meeting to get his pay after 4 months with nothing. His sick line has never changed it has been exactly the same sick line with no gaps submitted since May 2018.

Apparently they are only considering backdating to October last year when the work coach made the application on his behalf but there is absolutely no reason it shouldn’t be from 2018 as the conditions haven’t changed nor have the sick lines. Things have deteriorated since 2018 due to financial hardship but they have already admitted they are at fault for letting it reach this point.

I really appreciate that so thank you for the information, he did leave a message but the case manager just replied saying they were still working on it with no indication as to when there would be further information. I think if in 3 weeks I haven’t heard anything I should maybe contact citizens advice. I have a feeling they are going to try and worm their way out of making the full backdated payments but they are at fault and should be liable to pay what it owed. It will have been 6 weeks by that point since we were told 7 days so seems only fair.

His anxiety regarding the situation is crippling him, it’s awful to see. 4 years of fighting and now a result is in sight but he is always screwed over and I can’t bare to watch it happen again 😔 x

poppy123456

jofo1986 said:

he applied for a decision in 2019, 2020 then 2021

I'm not sure what you mean by that. Can you please just confirm that this was his first work capability assessment and no decision had been made on any previous work capability assessment?

If you're unsure, you can check through his journal for any letters he may have previously had.

Gaz2000

I am glad that they finally made the right decision. The same was done to me, in 2019 it started and I was finally awarded it in January 2022. In my journal statement every month going right back until the date it started in 2019, but nothing about a back payment because they had changed the statements so it looked like i had always been getting it. But i did get the large back payment, but it did take a couple of weeks. All the best

poppy123456

Gaz2000 said:

nothing about a back payment because they had changed the statements so it looked like i had always been getting it. But i did get the large back payment, but it did take a couple of weeks. All the best

That would have been because they recalculated the past statements so they could work out how much they owed you. The new statements will then replace the old ones.

jofo1986

So he has never had an assessment before. He isn’t aware of ever having had a decision but the decision would have to have been made without him attending an assessment, could that be done?
my information earlier was actually incorrect, apologies! He spoke to his work coach each year about being put onto the right benefit but nothing was done until a very helpful young man became his work coach at the end of last year and sorted it all out for him.

Nothing can be seen on his journal about previous decisions either.

calcotti

He can request a Mandator Reconsideration of the decision not to backdate to when he first reported his health condition.

jofo1986

He got backdated to October last year when his work coach made the request minus the waiting period. They paid it today but I don’t agree with the decision. Mandatory reconsideration it is.

poppy123456

Was the health condition reported as a change of circumstances? Also we’re the fit notes all reported on his journal? If so then also mention that.

Jo_2022

Hello @jofo1986! 🙂 A warm welcome to you on the community. I am very happy your brother finally received what he deserves!! Hope the advice from everyone has helped. Take care

jofo1986

Thanks everyone. Sick lines are all on the journal and yes in mid 2018 it was a change of circumstances as he was looking for a job then when our mum died that was when the sick lines started. Very confused as to why it has only been backdated to October and why he hasn’t received any of the money that was sanctioned from then until now if they have deemed that he shouldn’t have been doing work related activity from then.

poppy123456

Then he needs to request the MR of the decision not to backdate it.

nicolamc79

I have just come across your post searching Google as im in the same situation. In 2017 i was diagnosed with a incurable brain/neurological condition and had brain surgery at the end of 2017. Last Fri (2/9/22) i finally had my first WCA since Sept 2018 when i handed in my 1st sick note. I got a letter attached to my journal Monday morning saying i had LCWRA. Ive wrote three times for the exact date i first provided fit note, and if theres any further action required from me no response! I called and they said i will be entitled to and extra £343pm and backpay which will be on my journal. But still nothing! I know ive been waiting 4 years so few more weeks shouldnt matter just feels like they have failed me and my children for so long i expected id be dealt with and paid ASAP

poppy123456

nicolamc79 said:

I have just come across your post searching Google as im in the same situation. In 2017 i was diagnosed with a incurable brain/neurological condition and had brain surgery at the end of 2017. Last Fri (2/9/22) i finally had my first WCA since Sept 2018 when i handed in my 1st sick note. I got a letter attached to my journal Monday morning saying i had LCWRA. Ive wrote three times for the exact date i first provided fit note, and if theres any further action required from me no response! I called and they said i will be entitled to and extra £343pm and backpay which will be on my journal. But still nothing! I know ive been waiting 4 years so few more weeks shouldnt matter just feels like they have failed me and my children for so long i expected id be dealt with and paid ASAP

If this was your first work capability assessment then your first LCWRA will be backdated to the 4th assessment period starting from the date you reported your health condition, providing you sent a fit note within 7 days of that and continued to send them without any gaps until a decision was made on your claim.

Based on the limited information you've given it should be paid from either Jan or Feb 2019. It's not unusual for it to take a few weeks to pay what they owe you. They first have to recalculate your past statements to work out how much they should have paid you, against what they've already paid you. You will then be owed the difference between the 2.

When the statements are recalculated your new ones will replace the old ones so you may want to take some screenshots of your exisiting ones.