Lcwra tribunal
C984
Online Community Member Posts: 25 Listener
Hi
I am after a little information from you friendly people about lcwra time and payments if you are able to help me.
In September 2018 I applied for universal credit after having a fall in work in 2017 which has changed my life completely. When I applied for uc I declared my health condition plus I provided them with a fitnote aswell 3 month later they supplied me with a capability questionnaire to fill in and return I did this I the had medical assessments and so on I was denied lcwra in early 2021 I asked to mandatory reconsideration in in 2021 which was also denied so I applied to go to tribunal which took a long time I got a tribunal date in June 2022 which was adjourned due to further evidence submitted which an admin error caused the medical information to be given in late. So a further date was given for the 5th of December 2022 which was a face to face appointment as the first one was over the phone. I didn't need to attend this as the judge and the medical professional had already decided that I did have lcwra and made the decision without me haveing to attend which was very nice to hear after a 4 year battle.
Through all of this I have supplied and declared a fitnote through all of these years with no break in them.
Uc have said I only declared my health condition in May of 2019 and I know for a fact it was declared when I first applied for uc in September 2018. As I still have copies of my fitnote given to them on this date and is also shows that I must of declared it as 3 months after I applied for uc the sent me out tje capability questionnaire as stated by them and this is on record.
When do you think the back dated payments should be from please.
Sorry to waffle on look for to hearing your feedback
Thanks
Carl
I am after a little information from you friendly people about lcwra time and payments if you are able to help me.
In September 2018 I applied for universal credit after having a fall in work in 2017 which has changed my life completely. When I applied for uc I declared my health condition plus I provided them with a fitnote aswell 3 month later they supplied me with a capability questionnaire to fill in and return I did this I the had medical assessments and so on I was denied lcwra in early 2021 I asked to mandatory reconsideration in in 2021 which was also denied so I applied to go to tribunal which took a long time I got a tribunal date in June 2022 which was adjourned due to further evidence submitted which an admin error caused the medical information to be given in late. So a further date was given for the 5th of December 2022 which was a face to face appointment as the first one was over the phone. I didn't need to attend this as the judge and the medical professional had already decided that I did have lcwra and made the decision without me haveing to attend which was very nice to hear after a 4 year battle.
Through all of this I have supplied and declared a fitnote through all of these years with no break in them.
Uc have said I only declared my health condition in May of 2019 and I know for a fact it was declared when I first applied for uc in September 2018. As I still have copies of my fitnote given to them on this date and is also shows that I must of declared it as 3 months after I applied for uc the sent me out tje capability questionnaire as stated by them and this is on record.
When do you think the back dated payments should be from please.
Sorry to waffle on look for to hearing your feedback
Thanks
Carl
0
Comments
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I suggest you go through your UC journal because there should be a record of when you declared your health condition. If you can see this I can refer to it as evidence to confirm the date.
As you rightly say, you can’t have only declared in May 2019 if the WCA referral was made earlier!
If you did indeed declare your health condition in September 2018 at the same time as starting your claim then your first LCWRA payment is due from your fourth payment date (which will January or February 2019 depending on what day in September you made the claim).
The LCWRA status itself is backdated to when you declared the health condition and you are then entitled to Work Allowance (it will already be included on your claim if you are receiving child element). A Work Allowance means that some of any earnings are ignored which reduces the earnings deduction, this means that if you received any earnings (including SSP) since claiming you may also be entitled to arrears arising from the application of the WA.1 -
Hi Thanks for your response I did go through my journal and they have stated I declared my health condition in May of 2019 but I they have said that I didn't declare anything before then when I know I did when I first registered with them as I had to tell them I am in receipt of pip aswell so this makes know sense to me I have rasied this issue with them and seems to be getting brushed off if that makes sense0
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If you reported your health condition then this should still be on your journal. You need to go through all of your journal to see exactly what date you reported it.
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Hi poppy the only health condition date on my journal is the May 2019 as there seems to have been an admin error when I first signed up0
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Can you see when the WCA referral was made?0
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Yes I was referred when I was sent my capability questionnaire out to complete as this is part of the referral process
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I was asking if you can see on your journal what date the referral for WCA took place.0
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No I can't be seen on my journal I had a good look through it0
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Oh no @C984. Is there anyone you can contact about this?
It is not my area of expertise but I am here to listen to you. You don't have to face this, or anything else, alone if you don't want to.
Take care for now and we will look forward to, hopefully, hearing from you again soon
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Hi
Thanks for everyone's help with this backdated dates. I received a letter on Friday 17th of December and it stated they were only back dating untill May 2019 as it was first time I reported my condition. As stated on my journal minus the three months for the waiting period from the May I will receive a nice lump sum as stated by the letter on my journal and will be paid into my bank. After looking at my payments on my journal they have updated my payments and my next payment will now include the lcwra which will be Friday 23 of December and I expect the backdated payment in before then as its already been calculated and payments have been updated on my journal.?
As for the months before May 2019 are now going to be argued as my health condition was reported in sep 2018 and it should of been backdated to this time.
As I think it's just been a administration error and wasn't updated on my journal0 -
It sounds positive that you have received a letter about the backdating payments @C984. Not least with the nice lump sum that will be paid into your bank.
I, unfortunately, can't answer your question as I don't have the expertise. Hopefully, someone else with more expertise in this area can respond to you soon.
In the meantime, I mainly wanted to respond to say that it sounds so positive if that is the case! Fingers crossed for you.
Please don't hesitate to let us know how it goes and if there's anything else we can do to support you. We are all here for you and listening to you 0
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