Back pay of uc limited capability

majw623

Had a stroke in August of 2018 and provided fit notes had a uc50 questionnaire sent out but wasn't filled in due to difficulty uc failed to send me another until early this year after a formal complaint about it not being reissued despite constant fit notes .I have had assessment last Wednesday and was given decision Friday has been awarded .I first provided evidence of stroke on 21 August 2018 will I receive back pay from 3 months of this date or just the time I have to wait this time not had any financial support so far so surely due it backpaying 

poppy123456

You will only receive extra money if the decision was LCWRA. Can you please confirm that this was the decision?

majw623

Do you mean limited capability to work and  work related activity then yes had video assessment and desicion back in just a day and half .will it backdate 34 payments it's currently 37 since I first provided evidence on 21 August 2019 

poppy123456

Yes, that's what i mean. There's a full 3 month assessment period waiting time and the extra money is paid from the 4th month of your claim, providing you continued to send fit notes without any gaps until a decision was made on your WCA. When it's paid from exactly will depend on what date you usually receive your money each month.

Based on the information you gave the LCWRA would be payable from either Dec 2019 or Jan 2020.

majw623

Thank you that's most helpful would make it Jan 2020 in that case 33 payments should be backdated in that case cut off is 25th of month 

L_Volunteer

You are welcome @majw623. It is the very least you deserve. Glad we were able to help you. If we can do anything else to support you please don't hesitate to let us know 

majw623

Really could do with some help so my case by all means is not standard I had a stroke in August 2019 and started putting sick notes in a uc50 questionnaire was sent but due to mental and physical restrictions I failed to fill in the form and declared fit for work despite me letting me them know how I struggled with form .I have continued putting sick notes in usually 3 months at a time since and from September 2020 no new uc50 was activated .march 2022  this year I asked my case worker she said she would restart my health journey .I had my assessment by video and she immediately put a welfare referral to doctor and made her desicion to universal credit it just a day and half (4 to six week standard ) they claim they only owe me 2 months worth of backpay as have to stand to first 3 months and only starts from when case worker restarted health journey I have mandatory reconsideration this .am I entitled to more as they failed to initiate a uc50 for so long despite sick notes for bilateral cerebellum stroke syndrome condition has been same throughout and got worse had the assessment be done sooner no doubt it would have still been awarded really need help with this have no support and find all this difficult 

majw623

Can any one please advice on the above been nearly full month since mandatory reconsideration still nothing back from them regarding above issue any help me appreciated 

calcotti

MR can take up to three months to be dealt with.

majw623

MR finally recieved today and as I thought they have reversed there original decision.i was only awarded from when they redid the uc50 questionnaire with just 2 months payed back in October 2022 .they have now gone as far back as July 2021 with standing to 3 months back pay will be from October 2021 I know this bit is correct but what I would like help or advice on is do I push this further as I had my stroke in August 2019 have provided sick notes throughout and only reason not done sooner was difficulty with form filling first time round and nobody initiated a new referral they are excepting some responsibility as they reversed decision by awarding it back to July 2021 I have been failed several times by then and had numerous MR overturned now do I push for it further through tribunal or raising a complaint for treatment I have recieved have been put through a lot of distress from UC getting this sorted 

poppy123456

In a previous comment here you said you were found fit for work for failing to return the form.

majw623 said:

Really could do with some help so my case by all means is not standard I had a stroke in August 2019 and started putting sick notes in a uc50 questionnaire was sent but due to mental and physical restrictions I failed to fill in the form and declared fit for work despite me letting me them know how I struggled with form .

Did you challenge that decision?

After the fit for work decision did they accept your further fit notes? Usually they don't unless it's for a significant worsening of condition or a new condition.

Alex_Alumni

Hello @majw623 I'm sorry to hear about what's happened. Turn2Us has guidance on how to challenge a UC decision, which I hope will be helpful. The next step after an MR is to appeal to tribunal. 

majw623

Hi poppy the original decision after failing to fill form in was not appealed I wasn't well enough to fight it I just kept putting in sick notes which was accepted usually 3 or 6 month notes I did fill in why I failed to fill in form got no form of help or another referral until I questioned it July of this year was awarded October .has now been awarded since July 21 will receive 9 months back pay standing 3 months but feel they know mistakes have been made and hope I settle at a year back pay no explanation given  as why it goes back to just July 21 but does make it go back 12 months is this a limit