Can I appeal a decision not to backdate my claim? - Page 2 — Scope | Disability forum
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Can I appeal a decision not to backdate my claim?

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  • freshwaterlilly
    freshwaterlilly Community member Posts: 41 Connected
    thanks thanks one thing about the journal you can go back through it ?
  • freshwaterlilly
    freshwaterlilly Community member Posts: 41 Connected
    30th January 
    18 March 
    9th April
    20th April
    all report as a health change in my journal 
    this was along side asking my work coach to help 
    got the UC50 form in April they acknowledged they had it in may
    got assessment 2 weeks ago and will not backdate any of my claim 
    reason still an active limited work capacity 
    does that make any sense to anyone as it does not to me

  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    Are the above dates 2021 or 2020? You originally said you reported the change in 2020. As previously advised 
    calcotti said:
    If you previously had LCW then the LCWRA element should be payable from the start of the assessment period in which you reported the change in your health condition.
    Your MR is along the lines of.
    Following my recent WCA you have agreed I have LCWRA. You have said this is only payable from X. I reported the deterioration in my health to you on Y (refer to journal entry). Because I previously had LCW I believe the LCWRA element is payable from the date I reported the change. Please review your decision regarding the start date for the LCWRA element. 

    Relevant guidance is paragraph F5046 here
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864911/admf5.pdf

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • freshwaterlilly
    freshwaterlilly Community member Posts: 41 Connected
    Evening everyone 
    thanks for all your information and suggestions I have messaged my work coach / manager on Thursday and Friday and today asking for a mandatory reconsideration I also phoned the dwp Friday of last week and the gentleman put it in my journal also
    he said like you all have said if it was reported as a health change in the journal it should be backdated I feel now I am just going to ignored anything else can I do?
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    freshwaterlilly said:.. I feel now I am just going to ignored anything else can I do?
    You have done what you need to do by requesting the MR. You now just have to wait until you get a reply (which could be many weeks).
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • freshwaterlilly
    freshwaterlilly Community member Posts: 41 Connected
    Hi everyone 
    I have a mandatory reconsideration decision telling me they totally agree with me that the decision not to backdate was wrong and that I should have been awarded the extra help months ago 
    this is in my journal and I can’t find a way to print off a hard copy of this letter
    id like a reminder of how I have been let down by the DWP and will now write to my MP this I find really insulting they have agreed with everything I said but there is no mention of me getting any backdated money how can this be? Any comments would be much appreciated 
  • poppy123456
    poppy123456 Community member Posts: 53,358 Disability Gamechanger
    That is good news. Before they can pay you what they owe you they have to recalculate your statements to find out how much they owe you and they can't pay you until this is done. This can take a few weeks. Once it's done you will receive another letter on your journal telling you how much you will receive. They will then pay it into your bank, if it's a BACS payment it will take 3-5 working days to go into your bank. If it's a fast payment then it's in your bank they day they pay you.
    You may want to take copies of your existing statements because once they recalulate them they will be replaced with new ones.
    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.
  • freshwaterlilly
    freshwaterlilly Community member Posts: 41 Connected
    Thanks for getting back to me I would phone them but the thought of waiting for over an hour feels
    me with great anxiety 
    is there a way I can copy my journal as when I try to send myself something from the journal by email all I get is the front sign in page I am not good with using a laptop 
  • poppy123456
    poppy123456 Community member Posts: 53,358 Disability Gamechanger
    I don't think ringing them will help because statements are recalculated by a case manager. When you ring, you're ringing a call centre.
    I'm assuming that you can't "send" youself anything because of security reasons. You can take a screen shot of the page. This links shows you how to do that if you don't know. https://www.take-a-screenshot.org/windows.html

    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.
  • freshwaterlilly
    freshwaterlilly Community member Posts: 41 Connected
    thanks I will have a go
    I didn’t ring in any event it would like you say pointless
    i just hope they will backdate it fairly
    this has been an extremely difficult journey through the benefits system with my health issues and a vindictive x husband which has left me traumatised the system really needs to be looked at my experience was horrible and very few people wanted to help me
    so glad I found this site as you have all been very helpful 


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