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please help!

nightingalenightingale Posts: 8Member Listener
Sorry for the long post!   in January I was on esa, I had a wca and I failed with 0 points! I joined UC while I waited for a tribunal. Fast forward to novemeber and I finally had my tribunal!  they rung me before it was even due in court saying the judge has given me 15 points and placed me in the lcwra.  I spoke to UC and they told me they were just waiting for the paperwork. What a surprise, they haven't received it. It was now 23rd dec! I went to jobcentre and they emailed them the copy I had and it was sent straight to the decision maker. My question is what happens next??! How long does it take now and has anyone's else been in his situation at all . Thank you guys ☺ 






Replies

  • poppy123456poppy123456 Posts: 17,604Community champion Disability Gamechanger
    edited December 2019
    HI and welcome,

    Great news on the Tribunal decision. As you've claimed UC then unfortunately you won't be able to go back onto ESA. You will receive any money owed from ESA from the date you were found fit for work to the day you claimed UC.

    May i ask if you've had a work capability assessment for Universal Credit since you started your claim? If so then what was the decision of that please and when was the decision made?

    If you haven't had a work capability assessment for UC then DWP should honour the Tribunal decision and place you into the LCWRA group for UC and you should receive the extra £336 per month from the date your claim for UC started and you will continue to receive that extra money BUT it can take 8 weeks from the Tribunal decision to receive back dated money and put into place the award.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Posts: 5,325Administrator Scope community team
    Welcome to the community @nightingale. Great news about your tribunal win!
    Poppy has given very detailed answers to your query above but if you have any other queries please don't hesitate to ask. :)

    Senior Community Partner
    Scope
  • nightingalenightingale Posts: 8Member Listener
    Thankyou ! Its been stressful and draining but 11 months later I finally got the points I deserve! I had a UC wca and failed that. I also applied for pip and only got 8 points overall. I will re apply now that I have the points. My tribunal was on the 21st nov but they only got the paperwork on the 23rd dec! Hopefully its not too much longer . Its nearly been a year now 
  • poppy123456poppy123456 Posts: 17,604Community champion Disability Gamechanger
    edited December 2019
    As you had another WCA for UC then this complicates matters even further because the Tribunal was for the ESA decision, you will only receive backdated money up until you applied for UC. The Tribunal decision won't be honoured in UC because you were found fit for work for that WCA. The decision made on your new WCA will overrule the decision made by the Tribunal.

    Did you request the MR then Tribunal for that WCA? 

    May i ask what you mean by "re-apply now you have the points"?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • nightingalenightingale Posts: 8Member Listener
    I have asked for a reconsideration on the uc decision saying I'm fit for work. my work coach is very understanding , I didn't have any work commitments as she knows I am unfit for work . just to send in a sick note every 3 months until the esa decision had come through. I asked for a MR as soon as it came through but I haven't heard nothing for a few months. 

    I was going to reapply for pip as my work coach said it should be easier to get it again now I have 15 rewarded to me for esa?

    I was also told that I am due a backdate from Jan to November, but I don't know what's this for or how much 
  • poppy123456poppy123456 Posts: 17,604Community champion Disability Gamechanger
    Backdated money for the ESA decision should be honoured for UC up until the decision was made on your WCA for UC because that decision overrules the Tribunal decision for the ESA.

    You will need to continue with the MR then Tribunal for the new WCA decision.

    The PIP claim, being given LCWRA for the WCA will have no affect on the PIP application because they are different benefits with different criteria. When the decision was made on that claim i'm assuming you didn't request the MR/Tribunal for that? If you didn't was there any reasons why? When was the decision made on the PIP claim please?

    To constantly re-apply using the same evidence you previously used will very likely see another refusal. It's always better to go down the MR/Tribunal route for any decision.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • nightingalenightingale Posts: 8Member Listener
    thank you for your help poppy , I've got more information from you than the numerous phonecalls I've had to make!
     my pip decision came back early July , I didn't ask for an MR as I was told to wait for the esa one for some reason, and now it's obviously too late for and MR 
  • poppy123456poppy123456 Posts: 17,604Community champion Disability Gamechanger
    You're welcome.

    You actually have 13 months with good reason but you'll need a good reason why you didn't request it within the first month and they will only take into consideration what your condition was like at the time the original decision was made. Any worsening of condition will not be taken into consideration.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • nightingalenightingale Posts: 8Member Listener
    Okay thankyou so much! One more question I swear 😆  you say back dated moneys can take upto 8 weeks . Is that 8 weeks from the tribunal date or from when I had to send them the paper work that was 'never' received . I'm just trying to work out what I might be owed. I just looked on my journal of the wca of uc and for some reason its not on there , weird. I know I had a reply as I asked for an mr 
  • poppy123456poppy123456 Posts: 17,604Community champion Disability Gamechanger
    It's from the date of the decision of the Tribunal but in your case it maybe longer because DWP didn't receive the paper work.

    Regarding your WCA decision for UC, did you put that MR request in writing?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Posts: 17,604Community champion Disability Gamechanger
    You also say you're continuing to send in fit notes for UC, is that correct? If so then that's very unusual that they are still accepting those because you've had a WCA that found you fit for work. Usually once this happens fit notes are refused.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • nightingalenightingale Posts: 8Member Listener
    Yes i send in sick notes every 3 months and have done so since i went to uc . My work coach understands that i am not fit for work so she dosnt make me look. She said carry on with sick notes until the tribunal and then when the lcwra is added she wont need to speak to me again , my current commitments is a phone call once a month to see how im getting on. 
  • nightingalenightingale Posts: 8Member Listener
    Also i asked for a MR through my work coach who sent it straight to my case manager and I also added it to my journal 
  • poppy123456poppy123456 Posts: 17,604Community champion Disability Gamechanger
    You have a very understanding work coach and i'm glad to hear that. Although that's not the procedure because the WCA decision you had recently for UC overrules the Tribunal decision and unfortunately, it's not up to your work coach and you won't continue to receive the LCWRA element from the date you were found fit for work for that WCA decision.

    You need to ask what's happening about the MR decision that you requested
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • nightingalenightingale Posts: 8Member Listener
    I finally got my answer!! after weeks of chasing them up I got my backdated money through. it took about 6 weeks overall but I my as I sent the forms in myself instead of waiting , like I was told to! thank you for all the feedback and I'm sure il be needing you guys again soon as I go through my pip Mr ! 
  • Adrian_ScopeAdrian_Scope Posts: 5,325Administrator Scope community team
    Brilliant news @nightingale! Really pleased you finally received your backdated money. Best of luck with PIP and don't hesitate to ask if we can help at all. :)
    Senior Community Partner
    Scope
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