LCWRA backpay help needed!!

Anon4
Anon4 Online Community Member Posts: 3 Listener

hello, so I was awarded LCW originally early 2022, after asking over the next few months if i am eligible for anything else they said no and referred to pip which I was already on, however later that year in November they asked if my situation has changed and I told them that my situation has changed as I’d now been diagnosed with Borderline personality disorder and avoidant personality disorder and I reported a health change as she told me to which says it is effective from 9th November 2022, however I never received a new WCA from this? Is that correct? I also moved into my first flat in December so I don’t know if they just had other priorities to do in my case and forgot?

Since I struggle so much as it is, I never really followed it up and I didn’t know anything about this WCA/LCWRA process or the fact that’s how a new assessment should happen like I know (or at least think) now, fast forward to February 2024 I again kept asking if there was anything else I may be entitled too (as I couldn’t possibly survive on what I was receiving and couldn’t even afford to get to my EMDR therapy) and they said no so I just figured there was nothing else I could do. Fast forward to 31st may 2024 I was sent a “we need to know more about your health condition” journal entry and they said they would send the UC50 out however 2-3 weeks later I was in hospital as an impatient following a severe OD and couldn’t return the UC50, despite this they booked me in for a WCA. My first appointment was due in August 2024 however it had to be cancelled as due to my trauma and fear of men and I requested a female assessor and by telephone as my conditions are so severe I don’t ever leave my house. my reasons were accepted and a few months pass and the next appointment is booked in but again, it was face to face, with a man. It took 5-6 rebookings for them to actually accommodate my needs/requests, therefore I wasn’t able to have my WCA until August 2025, which again they still booked me in with a man but this time via telephone and my family member who was supporting me said enough is enough to them on the phone and an hour later a female assessor called. I was awarded LCWRA on September 1st 2025.

Now this is what I really don’t understand, I was awarded LCWRA however my letter didn’t state from when this would’ve been applied and how much back pay I’d be due (I was thinking from June 2024, first full AP after referral but maybe August 2024 if they decided to choose the first appointment date) however when asked they said my award starts from 1st march 2025 and I’m not due backpay. Is this correct? I didn’t do another change in health in 2024, only 2022 but they never gave me another reassessment until 2024, and I was constantly asking them if there was anything I could do, I also have had messages in my journal confirming in their words “you previously stated you would like more money as a result of your health conditions…” which surely proves that was the trigger for the reassessment? So am I right to be thinking I should be backpaid to at least when this wca process started (may 31st 2024, my AP is 4th -3rd so I’d say June 4th it should start from? Or at least when the first appointment was booked in August 2024?)


I believe this because had my requests been listened to then I would have been awarded back then, but due to their unsuitable appointments I would have missed out on over a year of payments I should have been receiving(

It has been sent for MR which they did straight away as they seemed to rather do that over explain how they came up with this decision but 1st march 2025 has no relevance to my case at all, nothing happened on march 1st 2025.. and even in that case I would still be due backpay? But when asked and chasing for replies about this they avoided answering repeatedly / referred to the MR saying I have to wait even though I’m asking how the original decision was made.. and after being repeatedly ignored I have now asked twice for a SAR regarding my wca and all information about how my original award date decision was made and no backpay etc but so far it’s been a week and I have had no reply about it to even say they have logged my SAR request,


so anyways, does this seem correct to you? I have also read there is no 3 month wait if moving from LCW to LCWRA.
do you think I have a good chance of MR agreeing with this?

thank you so so much for any replies!! x

Comments

  • Kimi87
    Kimi87 Online Community Member Posts: 7,015 Championing
    edited September 24

    There is no waiting period when moving from LCW to LCWRA.

    I appreciate there was a lot going on in your case, but put simply because the DWP triggered your reassessment then the decision (and extra money) first applies in the AP that decision was made.

    You only get LCW to LCWRA backpay further in the following circumstances:

    Claimant reports a change in health.

    +

    Claimant submits constant Fit Notes up until the decision.

    I'd recommend consulting a trained benefits advisor regarding the other issues.

    https://advicefinder.turn2us.org.uk/

  • Anon4
    Anon4 Online Community Member Posts: 3 Listener

    they said my award starts from 1st march 2025 though so would that not mean I should be due backpay from 4th march - 3rd April then payed on 10th at the very least? and if it was from the first full AP after decision then why did I get a payment for the AP 4th August - 3rd September when my decision was on the 1st September? It’s so confusing

    and if they do move my start date to June 2024 after the MR, would I not be due back pay from then if they’re agreeing that I was eligible since then and should have been receiving the extra element?

    I also did a health change in November 2022, how comes they didn’t give me another WCA?

    thank you so much for your help x

  • Anon4
    Anon4 Online Community Member Posts: 3 Listener

    also, doesn’t guidance say a claimant shouldn’t lose entitlement because of DWP/Administrative errors? And they constantly did that by not accommodating my request?

  • Kimi87
    Kimi87 Online Community Member Posts: 7,015 Championing
    edited September 24

    You would need to talk to a trained benefits advisor.

    Unfortunately UC are known for giving out the wrong advice.

    As things currently stand because you were awarded LCWRA from LCW on September 1st after a DWP initiated review, you are first eligible for extra payment in the same assessment period as the decision was made (August 4- September 3rd). Which you have received.

    There is no waiting period when moving from LCW to LCWRA.

  • Mary_Scope
    Mary_Scope Posts: 2,603 Scope Online Community Children and Family Specialists

    Hi @Anon4 and a warm welcome to the community

    I can see that Kimi87 has already provided some good information and advice so I won't add much more today but it is definetly worth contacting a trained benefits adviser over this as benefits can be a massively complex issue!

    It's lovely to have you here and I hope you enjoy your time on the community😊