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Contribution based ESA to UC and fighting for backpay help needed

2»

Comments

  • lee1973
    lee1973 Posts: 10 Forumite
    First Post
    You didn't attend that assessment so therefore no decision was made. The WCA didn't happen until December 2020, which means the extre money is paid from this date and not before.
    it seems then i have this all wrong damn brain thank you poppy.

  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 March 2021 at 10:03PM
    lee1973 said: ..so am i wrong in the assumption that this wca in december was the original assesment that should have happened sep 2019?
    Even if the assessment in December 2020 was the delayed assessment for the one originally intended to take place in September 2019 the fact is that it only took place in December 2020. Neither you nor DWP have any way of knowing whether, had the assessment taken place in September 2019, it would have come to the same decision. I would not expect backdating prior to the assessment date unless the assessment was the result of you reporting a change in condition and requesting are assessment.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Rubyroobs
    Rubyroobs Posts: 1,119 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I don't understand how your wife went onto UC in March 2019 and you in June 2019 ? Surely it should have been a joint claim from the start or were you seperated?
  • lee1973
    lee1973 Posts: 10 Forumite
    First Post
    Rubyroobs said:
    I don't understand how your wife went onto UC in March 2019 and you in June 2019 ? Surely it should have been a joint claim from the start or were you seperated?
    a lot was going on at that time and we had a seperation for a few months.
  • lee1973
    lee1973 Posts: 10 Forumite
    First Post
    calcotti said:
    lee1973 said: ..so am i wrong in the assumption that this wca in december was the original assesment that should have happened sep 2019?
    Even if the assessment in December 2020 was the delayed assessment for the one originally intended to take place in September 2019 the fact is that it only took place in December 2020. Neither you nor DWP have any way of knowing whether, had the assessment taken place in September 2019, it would have come to the same decision. I would not expect backdating prior to the assessment date unless the assessment was the result of you reporting a change in condition and requesting are assessment.
    contridicting information on my journal my CM stated awhile a go that my assesment period would be from 7/6/20 as i missed sick notes which i hadnt but i have that proof either way then decides that they will follow the ESA decison instead mixed misinformation all round it seems.
  • poppy12345
    poppy12345 Posts: 18,906 Forumite
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    edited 14 March 2021 at 12:44PM
    Following the ESA decision? You were in the WRAG for that and not the Support Group. If you reported a change in your health then it can be back dated, otherwise if it was them that referred you for the WCA then it's from December 2020, as advised.
  • lee1973
    lee1973 Posts: 10 Forumite
    First Post
    Following the ESA decision? You were in the WRAG for that and not the Support Group. If you reported a change in your health then it can be back dated, otherwise if it was them that referred you for the WCA then it's from December 2020, as advised.
    can you answer why they have asked for sick notes all through my 2 year uc if i was all ready in LCW of which i had never seen stated on my journal any where?
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lee1973 said:
    Following the ESA decision? You were in the WRAG for that and not the Support Group. If you reported a change in your health then it can be back dated, otherwise if it was them that referred you for the WCA then it's from December 2020, as advised.
    can you answer why they have asked for sick notes all through my 2 year uc if i was all ready in LCW of which i had never seen stated on my journal any where?
    The situation is very confused. If they had you recorded as having LCW I would not have expected them to want Fit Notes.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 18,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As your claim for ESA started after April 2018 there wouldn't have been any extra money for being in the LCW group anyway, although i agree that you sending in fit notes is odd.
  • lee1973
    lee1973 Posts: 10 Forumite
    First Post
    As your claim for ESA started after April 2018 there wouldn't have been any extra money for being in the LCW group anyway, although i agree that you sending in fit notes is odd.
    thank you and others for the help much appreciated
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