Hi, I'm Missjones89! If I'm put in the LCWRA group, could it be backdated to 2019? — Scope | Disability forum
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Hi, I'm Missjones89! If I'm put in the LCWRA group, could it be backdated to 2019?

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Missjones89
Missjones89 Community member Posts: 8 Listener
edited June 2021 in Universal Credit (UC)
Hi, I wonder if you can help me
I transfered to UC Jan 2019 I notified about my health due to prev stroke and pacemaker ongoing meds for rest of my life.
I work 16 hours for the NHS
on numerous occasion I notified them I should have a wca but was continuously ignored due to determination in health in May 19 I had to be placed on sick from employer was hospitalised on bed rest due to my body failing at 33wks preg gest diabetes insulin metformin dependent and at 33 wks given emergency c section due to my body failing. My baby was 7wks early in nicu 4 4eks.. During my last wk b4 csec I had my pip review nurse visited me at home was awarded low mob and still obtained daily living as I have continuous left side weakness from prev stroke.
I notified my work coach after getting home from hosp but did not ask for anything and when I was due to return to work in April 2020 recieved a shielding letter from gp so after shielding an returned sep 2020 was giver fit note yet again notified UC but was told to report it on UC online as on Nov 2020 was back of due to covid and failure with heart now diagnosed with angina on gts spray as unable to wear face coverings since then I am unable to return to nhs as I am ward based and occupational health nurse who supports NHS staff has said unsafe looking for redeployment on reduced hours. As of sep 2020 a uc50 form was sent and still awaiting outcome but what I would like to no since 2019 i have requested notified determination in health and have found my original fit notes due to going on before bby born then auto on to maternity then shielding letter and sick notes to once it has been decided could I request it to go back to 2019 as there is no break and I have provided all letters between occupational health and management that I am unable to work in current roles due infection control as face covers are required for all ward based staff. 

I have had 3 work coached in 2 years I was told I wasn't able to have wca as I work and all my sick pay etc was through my employer

Any advise or insight is much appriciated 
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited June 2021
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    The issue here appears to be your earnings from work. In most cases you cannot be referred for a WCA if you have earnings which exceed 16 x NMW per week (there are exceptions for people with certain health conditions). This may have initially prevented a WCA referral while you were working and even when you went off sick depending on the level of occupational sick pay you were receiving.

    Once people have been assessed to have LCW or LCWRA status their earnings can exceed this threshold without them losing the status but you can't get assessed in a case such as your you cannot be assessed in the first place.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • Cher_Alumni
    Cher_Alumni Scope alumni Posts: 5,741 Disability Gamechanger
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    Hi @Missjones89 and welcome to our community,

    I'm sorry you've gone through such a difficult time with your health, how are you coping?  Is work still looking into redeployment options for you?

    As not to confuse you, I've tweaked the title of your thread to help others spot the question and moved it to our Universal Credit category.  Could it be the case, as @calcotti suggests, that your earnings have previously exceeded the threshold?

    I hope you're doing ok today.  If you have any other questions, please ask.
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  • Missjones89
    Missjones89 Community member Posts: 8 Listener
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    Hi

    No I still recieved payment from UC after earnings reduction of 220 on my 400 plus HB and payment for 2 children.
    The transfer to UC was due to my health as I had to reduce hours longterm after heart OP as from info online if in receipt of PIP daily living you can still have Wca assesnent and awarded low mob last year till 2019 till 2023 as I earn 642 part time

    I notified UC for 2 years even when shielding. 

    Any other info would be great
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  • Missjones89
    Missjones89 Community member Posts: 8 Listener
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    Cher_Scope said:
    Hi @Missjones89 and welcome to our community,

    I'm sorry you've gone through such a difficult time with your health, how are you coping?  Is work still looking into redeployment options for you?

    As not to confuse you, I've tweaked the title of your thread to help others spot the question and moved it to our Universal Credit category.  Could it be the case, as @calcotti suggests, that your earnings have previously exceeded the threshold?

    I hope you're doing ok today.  If you have any other questions, please ask.
    And thank you getting better and awaiting the outcome of this still but mentally drained at the moment but each day gets better 

    Thank you 
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited June 2021
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    Missjones89 said:
    .. from info online if in receipt of PIP daily living you can still have Wca assesnent and awarded low mob last year till 2019 till 2023 as I earn 642 part time
    That is correct. I missed the bit about PIP in your opening post. To confirm then, you are getting Daily Living PIP and were getting it before claiming UC?
    Missjones89 said: ..The transfer to UC was due to my health ..
    I am also not clear what you mean by transfer to UC - from what?

    If you are getting Daily Living PIP then it appears that DWP have incorrectly applied the earnings threshold rule. Not clear how to fix this retrospectively as they clearly cannot now do an assessment of how you were back then.

    Note that shielding advice is not relevant to having a WCA.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • Missjones89
    Missjones89 Community member Posts: 8 Listener
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    calcotti said:
    Missjones89 said:
    .. from info online if in receipt of PIP daily living you can still have Wca assesnent and awarded low mob last year till 2019 till 2023 as I earn 642 part time
    That is correct. I missed the bit about PIP in your opening post. However I am not clear - are you getting Daily Living PIP or just mobility and if you are getting Daily Living PIP when did it start?
    Hi 

    I've been receiving daily living since 2016 and due to determination low mobility awarded sep 2019 I notified UC but all I got was PIP is nothing to do with us and still no offer of a WCA I was on sick from May 19 bby born 33wks due to my body failing straight onto maternity till April 2020 due to return then told to shield returned sep 20 with a fit note on restricted duties thased return till March 2021 dates but then back of due to detetation with severe angina gts spray new meds and back in shielding. I just missed transitional payments aswell SO financially strained too.. Been a single mum due to escaping a DV relationship which I also disclosed to them but that's not there concern or department to deal with I have journal entry and paper proof but they are only going from sep note. But I called CHDAU today and last week I was awaiting assesnent but now head office has recalled my application to overview again.

    Thanks for your reply 
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  • Missjones89
    Missjones89 Community member Posts: 8 Listener
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    calcotti said:
    Missjones89 said:
    .. from info online if in receipt of PIP daily living you can still have Wca assesnent and awarded low mob last year till 2019 till 2023 as I earn 642 part time
    That is correct. I missed the bit about PIP in your opening post. To confirm then, you are getting Daily Living PIP and were getting it before claiming UC?
    Missjones89 said: ..The transfer to UC was due to my health ..
    I am also not clear what you mean by transfer to UC - from what?

    If you are getting Daily Living PIP then it appears that DWP have incorrectly applied the earnings threshold rule. Not clear how to fix this retrospectively as they clearly cannot now do an assessment of how you were back then.

    Note that shielding advice is not relevant to having a WCA.
    I had to reduce my hours due to having heart surgery and my health has got worse so due to change I had to make claim for HB which was then a new claim for UC I notified them with regards to why and my health issues at the jobcentre when took id etc. And current pip award at the time letter from specialists and NHS manager they advised a WCA may be needed as that triggered my change to circum. From May 19 I was placed on bed rest due to failure of heart and waters going at 27wks my left side weakness from prev Stroke had come back whicj then put strain on my body due to having gest diabetes insulin metformin dependent at 33 wks consultant had to do emerg csection due to my body failing and nearly dying and bby life at stake to.

    Low mob was given 3months after ongoing treatment for gest diabetes and now diet based. 7 months of no function to left arm. As I was put straight on maternity UC said I did not NEEDWCA even tho I requested and provided diagnostics etc as apparently this didn't matter as I was not working and was covered through employer 4 maternity.

    CHDA Asses said to me on phone that a WCA Uc50 could of been issued wen I advised about shielding letter as a front line worker I am unable to fulfil my duties an ongoing unable to return to my post which I have been trained in for 7 years as I am ward based and its mandatory every ward based staff wears a face mask which I unable to due to breathless and angina attacks and can not be social distance so I'm having to be redeployed.

    Hopw it makes sense 
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited June 2021
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    It does look as if UC have got this wrong but I can’t see the remedy. Challenging the decision not to issue the UC50 doesn’t seem appropriate as you have since had one.
    Possibly you have to go down a complaint route.
    https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure#who-to-contact-1
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • Missjones89
    Missjones89 Community member Posts: 8 Listener
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    calcotti said:
    It does look as if UC have got this wrong but I can’t see the remedy. Challenging the decision not to issue the UC50 doesn’t seem appropriate as you have since had one.
    Possibly you have to go down a complaint route.
    https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure#who-to-contact-1
    I have just got of the phone with my mp who is pointing me in the right direction aswell as there contact at citizen advise but I appriciate all your feedback 
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