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Hi, my name is Clare

ClarelouiseClarelouise Member Posts: 5 Listener
I was wondering if anyone else had a similar experience when they had an appeal and won. Being declared not fit for work.
I won my appeal against the dwp. The judge declared me not fit for work and said I would  be receiving a back pay from the 2nd july 2019. Universal credit are now saying I was awarded lcw not LCWRA so I am not entitled to extra money or a back pay. But I don't understand why a judge would tell me I was receiving a back pay but then put down lcw meaning I am not.  The clerk wrote to me from the courts after I thought an error had occurred in the details sent to uc by the court. It basically states there is nothing to change. I am so confused and dont no where to go next 

Clare  :)

Replies

  • poppy123456poppy123456 Community champion Posts: 19,153 Disability Gamechanger
    edited August 1
    Hi and welcome,

    Yes you won't be the first person to be confused with the Tribunal win. It's very likely the judge didn't know when your claim first started. If it was after April 2017 then you won't receive any extra money for LCW. It's only the LCWRA element that receives extra money.

    Please check your Tribunal award letter to see exactly what it states.
    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.
  • ClarelouiseClarelouise Member Posts: 5 Listener
    Thank you. I havent had anything from them yet. It was only on the chance when I phoned universal credit that I found out I wasn't going to be receiving anything now. They told me the documents said LCW. the agent on the phone at universal credit even said to me as I have been on uc since 2016 that I would be receiving it but then i had a message later in the day saying im not entitled to it. The judge awarded me my claim from Jan 2019. Ive got a headache with it all
    Clare  :)
  • poppy123456poppy123456 Community champion Posts: 19,153 Disability Gamechanger
    Although you've been claiming UC since 2016, what date did you first send your fit/sick note because this is what counts, not just starting a UC claim. I'm assuming your first fit note was afer April 2017?
    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.
  • steve51steve51 Community champion Posts: 6,961 Disability Gamechanger
    Hi @2384

    Good Morning & Welcome it’s great to meet you today.

    @steve51
  • ClarelouiseClarelouise Member Posts: 5 Listener
    Hi Steve, and thank you
    Clare  :)
  • steve51steve51 Community champion Posts: 6,961 Disability Gamechanger
    Hi @2384

    No probs it’s my Pleasure 😃😃

    @steve51
  • poppy123456poppy123456 Community champion Posts: 19,153 Disability Gamechanger
    To add to my above advice, if you think you should have been awarded LCWRA then you can write to HMCTS request the statement of reasons and record of proceedings. Once you receive these you'll need to find someone to take a look to see if the error in law can be found. With that, you won't be able to take this any further.

    You can of course also put in a change of circumstances if your condition's got worse. Although you do risk losing the LCW by doing this, the decision could also remain the same or you could be given LCWRA.
    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.
  • ClarelouiseClarelouise Member Posts: 5 Listener
    Thank you poppy. I have some thinking to do
    Clare  :)
  • steve51steve51 Community champion Posts: 6,961 Disability Gamechanger
    Hi @clairelouise

    How are you doing now you have had the advice from Poppy.

    If you need any further help/support with things please let me know.

    @steve51
  • ClarelouiseClarelouise Member Posts: 5 Listener
    Its something to think about challenging the decision for LCWRA but I've fought for so long now. Since Jan 2019, I don't no if I can keep doing it. I don't even no if I would fall into the category for LCWRA. Ive contacted the courts anyway just to clarify what I am actually entitled to with the judge working out back pay for me but only awarding me lcw. She knew when I started my appeal as she said at the hearing. So I will see what they say next week
    Clare  :)
  • poppy123456poppy123456 Community champion Posts: 19,153 Disability Gamechanger
    You can't challenge the decision without first request the statement of reasons and record of proceedsing and then finding the error in law.

    It could be the Judge didn't realise what date you sent in your first fit note.

    Whether you'll qualify for LCWRA will totally depend on how your conditions affect you.
    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.
  • steve51steve51 Community champion Posts: 6,961 Disability Gamechanger
    Hi @ClaiireLouiise

    Yes it’s a good idea to think about it.

    If we can be help in anyway please please let me know.

    If you need a “Shoulder” please let me know????

    @steve51
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