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LCWRA application backdated
- dccantona
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5 months 2 weeks ago #291981 by dccantona
LCWRA application backdated was created by dccantona
I am receipt of the Higher rate PIP on both catergories and thanks in part to this site got my award backdated to December 2022. I was on LCW from 2021 and without any prompting from an appointment at the Jobcentre I suggested why it was I was not automatically put on or invited to apply for LCWRA. I'm aware that they are slightly different but would suggest with a PIP Higher Award; 90% would qualify for LCWRA.
Now I filled the UC50 online for expediency back in March 2024 . They told me that it was received but was then deleted. I have asked them to reinstate my claim to at least then when they deleted my claim . No explanation.
My question is this .
As my PIP Higher Award was backdated to Dec 2022 and I was awarded LCW since 2021 can I not request LCWRA to also be backdated to either of these dates. Once my assessment is rejected along with the mandatory consideration and finally going to a tribunal again and winning my case.
Now I filled the UC50 online for expediency back in March 2024 . They told me that it was received but was then deleted. I have asked them to reinstate my claim to at least then when they deleted my claim . No explanation.
My question is this .
As my PIP Higher Award was backdated to Dec 2022 and I was awarded LCW since 2021 can I not request LCWRA to also be backdated to either of these dates. Once my assessment is rejected along with the mandatory consideration and finally going to a tribunal again and winning my case.
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- Gary
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5 months 2 weeks ago #292001 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic LCWRA application backdated
Hi dccantona
PIP and LCWRA have different criteria although there is a slight overlap on some of the questions. If you look in the guides you will find a spreadsheet produced by Gordon which shows which questions overlap.
Your LCW was awarded because you passed the first test (you got over 15 points) but failed the second test, you did not fit one of their criteria, see page 27 of the ESA guide.
You are out of time to appeal your original decision to place you in the LCW group, if your condition has deteriorated then you can inform of a change of circumstances, we would warn you that you could loose the LCW award, we would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk before going down this route.
Gary
PIP and LCWRA have different criteria although there is a slight overlap on some of the questions. If you look in the guides you will find a spreadsheet produced by Gordon which shows which questions overlap.
Your LCW was awarded because you passed the first test (you got over 15 points) but failed the second test, you did not fit one of their criteria, see page 27 of the ESA guide.
You are out of time to appeal your original decision to place you in the LCW group, if your condition has deteriorated then you can inform of a change of circumstances, we would warn you that you could loose the LCW award, we would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk before going down this route.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- dccantona
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4 months 2 weeks ago #293020 by dccantona
Replied by dccantona on topic LCWRA application backdated
Won my assessment for LCWRA Just awaiting full report. They have already stated that the claim has been backdated to March 6th? Even though I only applied March 19. Plus no 3 month delay. ie only paid from June 19 2024. They even told me that they OWE me money. The award is for 18 months.
The question stands if I appeal via mandatory reconsideration to October 2022 when on LCW I was awarded the higher rate of PIP what do I have to lose ? My arguement would be that I should have been advised to apply for LCWRA and that a Judge at a court hearing found in my favour and backdated PIP to October 2022. However the DWP did not schedule an appointment to see me from 2021 until September 2023 when it should have been every 3 months. Therefore by not following their rules they did not see me, to advise me, to apply for LCWRA.
The question stands if I appeal via mandatory reconsideration to October 2022 when on LCW I was awarded the higher rate of PIP what do I have to lose ? My arguement would be that I should have been advised to apply for LCWRA and that a Judge at a court hearing found in my favour and backdated PIP to October 2022. However the DWP did not schedule an appointment to see me from 2021 until September 2023 when it should have been every 3 months. Therefore by not following their rules they did not see me, to advise me, to apply for LCWRA.
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- Gary
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4 months 2 weeks ago #293053 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic LCWRA application backdated
Hi dccantona
Congratulations on your award. PIP and LCWRA are two different benefits administered by different departments.
You will not win your argument, PIP will not give you advice to apply for LCWRA. I would expect that you will be told that you should have sort independant advice, which is what we frequently tell members on this forum as we do not have all the relevant information.
Gary
Congratulations on your award. PIP and LCWRA are two different benefits administered by different departments.
You will not win your argument, PIP will not give you advice to apply for LCWRA. I would expect that you will be told that you should have sort independant advice, which is what we frequently tell members on this forum as we do not have all the relevant information.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- dccantona
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4 months 1 week ago #293315 by dccantona
Replied by dccantona on topic LCWRA application backdated
Thanks for your reply. For whatever reason they backdated the claim to March; 2 weeks from before my claim . Award for 18 months. Think I will leave backdated claim to PIP award. Know when you're winning!
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