Lcwra uc tribunal

[3boysonemum]

Hi I went to tribunal as I was placed in lcw instead of lcwra. I got a letter yesterday saying. The appeal is allowed. Does this mean I have won before even going to a hearing? I'm so confused on the letter I've had no update on my journal I've tried asking but I've had no reply on there I was just wondering if anyone could advise me thank you would I be allowed to attach the image of the letter? I can cover my personal details I really don't understand the letter

I would ring them up for clarification but it does look as if the original decision has been overturned (set aside.) At the bottom of the letter it says ‘no party has objected to the matter decided without a hearing’ which I think means you don’t have to go to a hearing. I wish they would write this sort of letter in plain English that everyone can understand.

I called universal credit all she said was that I will be told on my journal. I no so frustrating trying to work it out lol. Thank you though appreciate your reply 😊 looks like I will after wait and see. Fingers crossed 🤞 as it's been 2 years of fighting

Your appeal has been allowed which means they have decided you fit the criteria for LCWRA. It might take a few weeks, as they give the DWP the right to appeal all decisions made via appeal. But you should be awarded back payments of the difference between LCW and LCWRA to the original claim date however it may appear on each month of your journal rather than as a separate payment.

Thank you so much. So the backpay will come aswel as the extra monthly payments? And not all at once I don't mind either way like I've heard they can be a nightmare to pay people

Hi all I've received my letter I've been awarded and got backpay it says they will be sending it to debt management team. Do they also pay fines off that your paying from UC or just advance loans

That isn't true about back pay.

Back pay is dated to three months after the first accepted medical evidence was received. This should be in your appeal papers and available in your journal. It's usually when you submitted your first fit note.

Check your back pay figures - UC get it wrong fairly frequently!

They can deduct any money you owe from back pay. It is possible to negotiate this though. As in a monthly repayment plan.

If you haven't already - make sure you get a PIP claim in. You've been awarded LCWRA because you can't 'mobilise' (walk or propel a wheelchair) more than 50 metres). The bar for PIP is lower - it's only about walking ability outside. At the very least you would score 8 points for moving around which will get you standard rate mobility.

I started giving in sick notes from October 2021 It took so long for them to do the assesment I kept giving sick notes continuously. I don't understand why they've only backdated from January 2023. It all confuses me so much lol. I'm just happy I get the extra payments now

Sorry I forgot to say I do get pip. I get lowest amount for both. Thank you

If you think that the backdating is wrong please pursue this. A local advice agency such as CAB may be able to help. It seems to be that a lot of errors are being made with the back dating . I am supporting someone who was awarded LCWRA in August 2023 having submitted fit notes since October 2022 and UC have not paid any backdate at all. I think that an increasing number of mistakes are being made as UC are short staffed.

They should backdate your money to three months after the first fit note was submitted. So if you started submitting them in January they will backdate your benefits starting from April. DWP are given 12 weeks to respond to your work capabilities assessment. I would ask them to sort out a repayment plan. You also might have to chase them for the backdated benefits as they don't rush to pay you back . Good luck x

Thank you very much for your help. I've wrote it on my journal no reply as of yet I will see what they respond with. If I don't have any luck I will do as you say thank you I appreciate your help x

@3boysonemum , did you ever get your backpay issue resolved?

I have a client who's waiting for arrears of LCWRA following an appeal, and he can't seem to get an answer from them as to what's happening. They won't speak to me, despite me being his representative for the appeal!

Hi lakielady I’m going through the same time as your friend just wondering how he got on with he’s mine has been since April 2023 only just had tribunal this month which I have won too so wondering if he got back pay or not I was already on lcw 2018

Hello,

Sorry to jump on your post. I was just wondering- after you applied for a first-tier tribunal how long was it since you got your letter of response that you first uploaded.

@3boysonemum