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Help concerning universal credit

Loopy04Loopy04 Member Posts: 7 Listener
edited January 16 in Universal Credit
Hi everyone. I after some help concerning universal credit. It says on the letter I received in my journal that Limited capability for work and work related activities is awarded from 3 months after you first tell them about it. Obviously I told them when I first applied back in March 2019. Then they asked for sick notes from the doctors. So I started sending them. Then I was asked to fill in a form in June so I did and sent it back. Then I was told to go to an appointment in August which they then cancelled. Then I got the notification in my journal saying it had been awarded. My confusion comes from what is stated in this pdf letter and what I’ve been told over the phone. The letter states it’s paid from 3 months after you first tell them but when I call to ask someone they say Its 3 months from the date it’s awarded.(19/09/19)  Which is right? Will I just get a months payment this month or will it be backdated? 
Thankyou 

Replies

  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    edited January 14
    Hi and welcome,

    I'm one of the community champions here on scope.

    The 3 month waiting period starts from when you first provided evidence but it's 3 full assessment periods. It's then paid on the 4th month of your claim, providing there were no breaks in the fit notes you sent in.

    The advice you were given about the waiting period starting from when it was awarded is incorrect.

    If the decision was made in September and you had no breaks in your fit notes then you should have started to receive the LCWRA element by now. They owe you some money. How much your owed will depend on when your UC claim started and when you provided evidence and not when you told them you have a medical condition.

    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.
  • Loopy04Loopy04 Member Posts: 7 Listener
    Thankyou for replying. As with everything else I said before I’ve just checked a few dates on my online uc journal. Applied for it on 15/03/19
    appointment attended 22/03/19 firs time asked for fit note 07/06/19 provided this on 17/06/19 continued to provide them til told to stop. Last fit note provided either September or October which was a 3 month one. What do you think I’ll be owed if anything 
  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    edited January 15
    Thanks for that information. This totally changes everything because you didn't provide evidence when you first claimed UC then this will have caused delays. As you claim UC on 15/3/19 this means that your assessment period will run from 15th-14th of each month.

    As the waiting period is 3 FULL assessment periods then your waiting time doesn't start until your July assessment period and then the LCWRA payment is paid from the 4th month because UC is paid in arrears. This means that the LCWRA element should have been added to your claim from the October payment. Hope this helps.
    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.
  • Loopy04Loopy04 Member Posts: 7 Listener
    Is there anything you would suggest I do now as when I checked earlier today it’s still not been added ? Thankyou for all your help so far 

  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    edited January 15
    Ring and speak to your case manager and point them in the direction of the 3 month waiting period rules, which clearly state it's not from the date the decision is made, when it's the first assessment.
    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.
  • Loopy04Loopy04 Member Posts: 7 Listener
    Thankyou I will try that. Thankyou so much for your help poppy 
  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    You're welcome. By the way, this isn't the first time this has happened to people. Hopefully you'll be able to sort it and you'll receive what you're owed.
    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.
  • Loopy04Loopy04 Member Posts: 7 Listener
    Hi poppy. Firstly thanks again for all your help. I called uc and they went over my claim and realised there was a mistake. I will be paid what is owing to me from previous months Into my bank account shortly and the claim has also been adjusted so no other payments will be missed. Again Thankyou ! ♥️
  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    You're welcome. I'm very happy to hear it's been sorted. All this is the exact reason i spend so much of my time here advising others, so they can get what they are entitled to :)
    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.
  • Loopy04Loopy04 Member Posts: 7 Listener
    Honestly cant thank you enough. I will be back for more advice soon as my son should soon be entitled to mobility. He currently has high rate care and turns 3 beginning of June 
  • Chloe_ScopeChloe_Scope Administrator Posts: 9,382 Scope community team
    Welcome to the community @Loopy04! I'm so glad Poppy was able to help here. Please do let us know how you get on. :)
    Community Partner
    Scope
  • LEEDScbLEEDScb Member Posts: 4 Listener
    The same thing has happened to me! Did they send the case to a decision maker and make you await an outcome? Because they have me.
  • Loopy04Loopy04 Member Posts: 7 Listener
    Hi LEEDScb
    Not that I know of. It was just a misunderstanding on their part. I have received the money owed to me from previous months and my payments going forward have been adjusted. I hope you get a decision soon 
  • Chloe_ScopeChloe_Scope Administrator Posts: 9,382 Scope community team
    Really glad to hear this @Loopy04

    Please do let us know how you get on @LEEDScb! :)
    Community Partner
    Scope
  • JazzaGJazzaG Member Posts: 13 Listener
    I have a similar problem, but my work coach does not seem to think so.....

    Our UC includes the rent, child and carer elements, although the CA we receive separately is deducted, along with £75 CTC overpayment, and £38 to repay a UC advance, which together reduce our monthly payment by a third. My husband's does not have any claimant commitments, due to being my carer, strangely, I am classed as fit for work, and have to see a work coach regularly.
    I have been taking 3 monthly fit notes in from the start. Due to my numerous chronic conditions, my doctor knows that I am not fit for work, and does not need to see me to write the fit note, because I suffer from chronic pain and neuropathy.
    I had an appointment yesterday, and pointed out that I do not get any disability element in my UC. My work coach said "because as far as we are concerned you are fit for work". I said that my fit note says I am not fit for work, and the fact that I need a carer. I was told that the fit note does not matter, and I will be deemed fit for work until I have a WCA. I said I have not even received the form to apply for a WCA, and they needed to get on with it, as my total benefits are way less than we used to get on IS. She told me that they would get around to me, but my fit note covered me until April anyway. I said I am struggling on this income, I need to have the WCA asap, so I can get the work capability element. She said there is a backlog, they will get round to me eventually. She said I should be grateful for what we get, because it's free money, and by rights she should be making me look for a job, 
    If anyone can give me some clarity on my position, at the moment I am about £75 down a week (not counting deductions) on what we used to get on IS. Thanks in advance.

  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger

    For the work capability assessment you should have been referred for this at round 29 days after sending your first fit note but sometimes this doesn't always happen. You'll need to ring and speak to your case manager and ask them to refer you for the assessment. Once this happens you'll be sent the work capability assessment form. This will need to be filled in with as much information as possible, making sure you send evidence to support your claim. Once this has been returned then a face to face assessment is most likely.

    Unfortunately, a fit note and a PIP award doesn't automatically entitle you to limited capability for work. It will be your work coaches discretion whether or not the turn off your work commitments while you wait for the assessment to take place. Some will be understanding and some won't. You can of course request a different work coach.

    I'd advise you to have a look at the LCWRA descriptors for this to see if any apply to you. See them here. https://www.turn2us.org.uk/Your-Situation/Ill-Injured-or-Disabled/Universal-Credit-Capability-for-work-assessment

    You will only receive the extra element if the decision is LCWRA, if it's just LCW then you won't receive any extra money.

    For paying back your advance payment then you can ask for the payments to be deferred for a maximum of 3 months, if you're experiencing financial hardship.


    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.
  • JazzaGJazzaG Member Posts: 13 Listener
    Thanks Poppy, that's much clearer. I didn't know I had a case manager, I thought everything had to go through my journal or my work coach,  I wonder why she didn't tell me that. 
    If I am awarded the LCWRA, will it be dated from my first fit note, I mean, is that classed as evidence, as you mention above, or will it be dated from when I provide evidence for the WCA. Thanks again.
  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    You're welcome,

    Everyone has a case manager when claiming UC. If you're given LCWRA then the waiting period starts when your first fit note but there's 3 full assessment periods for the waiting time and then it's paid from the 4th month of your claim.
    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.
  • JazzaGJazzaG Member Posts: 13 Listener
    Thanks @poppy123456.. I thought my work coach was my case manager, and she didn't tell me any different. When I was on IS I used to wonder what all the fuss was about with UC. Now I know what everyone was on about with bells on. 
  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    No problem. UC works well for some people and believe it or not some are better off claiming this than the legacy benefits BUT this isn't the case for everyone. With IS of course work capability assessments don't exist.
    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.
  • JazzaGJazzaG Member Posts: 13 Listener
    Thanks so much for your help @poppy123456. Looking at the work capability assessment page you pointed me to, if I get a fair assessor, I should get about 30 points on the first three sections, as I have most problems with mobility and sitting or standing for more than a few minutes, with a few odd points from the rest of the sections. So no problems getting the 15 pints needed. I just need to get the ball rolling on that. I have taken 7 months worth of fit notes in up to now which cover me from October to April, I'm on my fourth assessment period now, so the sooner I can get the WCA the better. Thanks again Poppy for all your help.
  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    You're welcome, but please take a closer look at the link because part of those descriptors point to the LCW. You need to scroll down the link to see the LCWRA descriptors because they are slightly different. LCWRA is not about scoring points, it's about satisfying at least one of the descriptors the majority of the time.

    For the mobilising activity they take into consideration your ability to use a self propel wheelchair. If they think you can do that, then that descriptor won't apply to you.

    Those descriptors are better explained here. Even though it states Support Group, LCWRA is exactly the same.

    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 Administrator Posts: 7,365 Scope community team
    Hi @JazzaG. Definitely call UC and speak to your case manager as you should have been referred for a WCA after the first month. 
    I just wanted to add, if the deductions are putting you in financial hardship, it may be worth you speaking with Debt Management to arrange to have your Tax Credit repayments lowered. They are usually quite good about this.
    Senior Community Partner
    Scope
  • JazzaGJazzaG Member Posts: 13 Listener
    @Adrian_Scope thanks for your suggestions, I will definitely call them and see what they say. My work coach gave me the impression that I should just shut up and wait until someone noticed I was taking in fit notes and asked me to fill the form in'. He words were "don't worry, it will be picked up eventually". Doesn't instil much confidence in the process does it?
  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    If you're not happy with your work coach you can also request a different one.
    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.
  • JazzaGJazzaG Member Posts: 13 Listener
    @poppy123456 thanks again for your insights. I use an artificial lower limb and one crutch. I cannot use two crutches because I have spondylosis in my neck, which causes chronic severe pain in my head, neck and right shoulder. I also have wear and tear arthritis in my  hips and right knee and sciatica on my right side. The scar on my lower limb is in a constant state of flux, blistering and getting more painful and  inflamed each day until I have to leave my prosthesis off for a couple of days while it heals. Even if the scar is ok, the pain in my lower back and right side stops me from walking very far or standing up for too long. I also cannot sit in the same place for very long because it aggravates my lower back pain and my left knee starts to ache in the socket. I get enhanced rate mobility, all 12 points scored on the 2nd activity, and, although I know they don't take that into consideration, surely they should be able to see the same limited capability as the PIP assessors? I also take medication for high blood pressure and suffer from both stress and urge incontinence. Surely they would not refuse LCWRA because I don't use a wheelchair? I don't think I would be able to push the wheels round on both sides anyway, come to think of it. 
  • poppy123456poppy123456 Community champion Posts: 19,175 Disability Gamechanger
    You're welcome,

    Although you scored 12 points in the moving around part of mobility PIP, the mobilising descriptor for the WCA is different. For this they take into consideration your ability to use a self propel wheel chair, if they think you can reasonably do this, then that descriptor won't apply to you. Even though you don't use a wheel chair, it doesn't matter because that is part of the descriptor and it will be considered.

    For this reason when you fill out the form, i'd advise you to add some information about using a wheel chair and why you can't do this, regularly and reliably.

    Even though PIP and ESA are different, it definitely won't hurt to send a copy of your PIP award and even the assessment report, with the work capability assessment form, as well any other relevant evidence you have to support your claim.
    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.
  • JazzaGJazzaG Member Posts: 13 Listener
    Thanks again @poppy123456, I'll let you know how I get on.
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