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Lwrca entitlemnet

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kimmo12
kimmo12 Community member Posts: 2 Listener
Hi came hear for some advice my work coach applied for lwrca back in nov 21, up until august this year the health assement was cancelled there end 4 times eventually had my assesment in august and was thankfully awarderd lwrca element now heres where it goes wrong my sick notes each month from nov were all find until april this was an error by the doctor which i hadnt picked up on nor did uc until my work coach questioned when i was receiving the elemnt from she put in a mandatory r to say rhe doctor had agreed to swnd me a updated april note to award me from nov rather than august anyways they said to go ahead file an send this today uc has said nope shuda been sent back in april not when jts came to light by work coach in august i submitted an appeal now to tribeneral stating this minor error thinking is this a pointless thing to do or should i let it go all because of a mistaken date no one clicked to

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  • poppy123456
    poppy123456 Community member Posts: 56,976 Disability Gamechanger
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    When you report a health condition you are expected to continue to send in fit notes until the decision on the work capability assessment is made. As you didn't do this then it can affect when the LCWRA element is paid from. A backdated fit note doesn't usually help. How long was the gap in your fit note?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited October 2022
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    I think it well worth taking to tribunal. It would be very helpful to get a tribunal ruling on DWP approach to Fit Notes and the necessity of continuity of notes.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • kimmo12
    kimmo12 Community member Posts: 2 Listener
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    Hi the fit note was dated 29th april also were continuous from last november each month,was just aprils date wrong that was all rather than the 1st of april minor error but quickly rectifyed, tribuneral was stopped by dwp who said they would now change this decision in my favour as mistakes happen, so awarded the lwrca from last november, awarded 5600 back pay... that was a mission 1 lady decided i all of a sudden had tax credit debt 1st id ever heard of this, 2nd guy i spoken with was lovely an indeed refunded me whilst i was on the phone  litrally half hour after speakin to the lady who refused to even send me it he even called me back once it had been authourised, its taking from last november for them to see to all of this and 8 wca cancellations on there part, not that i minded, but to try penalise a minor error which they didnt even mention in april only in august it came to light really was a fly move just shows you how they can try make people just give up but long  process but thankfully over now, thankyou for getting back to me i appreciate it
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