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Universal credit LCW

bluehaze

I’ve recently been awarded limited capability for work & work related activity element I’ve been getting pip higher rate since 2014 originally I was on ESA & placed in the group similar to this (can’t remember what it was called) I didn’t have to give fit notes or attend job coach interviews. Just before the pandemic started I began a small business and because of the pandemic I then end up on universal credit which I’m still on at the time my claim was taken over the phone we were all locked in at the time. So I questioned the amount of benefit I would receive because ESA previously was a lot more than the universal credit I’d been awarded, I was told ESA didn’t exist anymore and the universal credit award was correct. Fast forward 27 months and my work coach says she thinks I’m in the wrong pathway and I should have been getting LCW which has now been awarded but they’ve said I’m not entitled to back pay is there an appeal process for this? It wasn’t my fault that I didn’t know I could claim it and they should have known I was entitled to it surly

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calcotti

To be clear - had your ESA stopped before you claimed UC or were you still getting it?

bluehaze

It had stopped and when I tried to go back onto it they said I had to go onto universal credit I also asked about the LCW element but they said the universal credit was correct and ESA doesn’t exist anymore

bluehaze

I was told that a previous work coach had written in my account notes that he thought I was on the wrong pathway but he didn’t tell me that

bluehaze

They also questioned me about my oxygen in so much did I attend job coach appointments with it, the answer of course was yes so it seems as though I wasn’t advised correct from the outset

bluehaze

Advised incorrectly I meant

calcotti

You said that you made the claim over the phone rather than online. So when you claimed they should have asked you whether you had any health conditions and when you told them they should have asked you to provide a Fit Note.

Do you now have an online journal or is your claim managed over the phone?

Can you confirm also whether you have recently been found to have LCW (which is what you have said) or is it actually LCWRA? There is no extra entitlement from LCW.

bluehaze

Don’t recall them asking about health conditions but I did tell them I was in receipt of higher rate pip, I have an online journal

poppy123456

Your PIP claim is irrelevant here. Your full name is also showing in that screenshot above. I've flagged it to a member of the team to edit it because personal information isn't allowed here. It's a public forum so you have to be careful.

bluehaze

My apologies, thank you if the pip claim was irrelevant then I wasn’t asked about health conditions during that telephone call because if I had been then I certainly would have told them that I do have health conditions, having higher rate pip surly tells them that I do and I know I told them that

poppy123456

People claim PIP and work so no, this doesn't mean you have LCW. Do you have access to a journal now? You didn't answer calcotti's question. If you do you can check on there to see if it was reported at any time.

bluehaze

erm I did answer calcottie’s questions I said I do have a journal, it wasn’t reported until recently when I was made aware that I had been put onto the wrong pathway (as they said it) this was a new work coach but prior to that and unknown to me my previous job coach had said in my case notes that he thinks I might be on the wrong pathway (he didn’t tell me that tho)

calcotti

If there is a note in the UC journal about the previous Work Coach saying you were on the wrong pathway (as you describe you) the you could make a complaint that nothing was done at that time.

You could also say that you were not asked about whether your health limited your ability to work when you claimed (although I am surprised if that was not done).

poppy123456

bluehaze said:

erm I did answer calcottie’s questions I said I do have a journal,

Apologies, i see you edited your comment which i didn't see until now.

bluehaze

I asked them to look into what was said at the time I made the universal credit claim, this is what they said

bluehaze

This was there reply: Hello Lee,

2022 at

12:53pm I can see that you reported

health conditions that restrict

you from work at the start of

claim, but you stated you did

not have a fit note. Before we

can consider changing the

start date of the Limited

capability for work and work-

related activity we would need

to see evidence from your

doctor that covers the date you

are requesting it be changed

bluehaze

So 30 odd months ago I did tell them I had health issues that restrict me from work but because I didn’t have a fit note I wasn’t advised about this benefit, but I wasn’t told I needed one or about this additional benefit at that time, so hopefully I’ll get the proof they have asked for from my GP and they will reconsider

calcotti

bluehaze said:

So 30 odd months ago I did tell them I had health issues that restrict me from work but because I didn’t have a fit note I wasn’t advised about this benefit, but I wasn’t told I needed one or about this additional benefit at that time, so hopefully I’ll get the proof they have asked for from my GP and they will reconsider

So what they should have done is advise you to obtain a Fit note so that your health condition could be taken into account. If they didn't you could therefore complain that you were not given advice to do this. In order to get any chance of getting them to do any backdating you will need medical evidence going back to when you claimed (in theory it doesn't have to be a Fit Note).

bluehaze

Yes that seems as tho that’s correct but I’m not sure how to approach this with the GP what do I ask him to do? A letter stating that 30 months ago I would have had limited capability for work the same as now because of my illness disabilities?

poppy123456

No you wouldn't do that because it's not up to your GP to decide that. You can either give medical evidence stating you had your conditions at that time or you can ask your GP to backdate a fit note for the whole time.

bluehaze

I think I’ll have to try for the fit note because I don’t have anything recent except what I sent for this new claim/element and those medical letters are dated 2017 but it’s a little strange that they accepted those and awarded me it from now on but they won’t accept them to backdate it isn’t it