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DWP finally pays backdated LCWRA but it's £478 underpaid - should I dispute?
1 week 3 days ago #301528 by graham526
DWP finally pays backdated LCWRA but it's £478 underpaid - should I dispute? was created by graham526
Hello everyone. My problem is as follows:
1. It has taken me almost 2 years to get a Work Capability Assessment from the DWP while I am on Universal Credit. The stress and anxiety put on me by Jobcentre staff during that time hasn't been great.
2. I finally get a Work Capability Assessment and it has been agreed I qualify for Limited Capability For Work Related Activity (LCWRA). Basically this means I don't have to look for work.
But I also get a monthly LCWRA payment on top of my UC payment.
3. Given that there was a 2 year delay by the DWP - I asked for my LCWRA qualifying period to be backdated to the original date of my claim.
4. The DWP refused the backdating, it was further refused at Mandatory Reconsideration, and so I then made a claim to go to Tribunal.
5. Once the DWP was notified of this (by the Tribunal) - I received a call from a Decision Maker at the DWP. The Decision Maker advised she accepts my claim in its entirety, a backdated pay will be issued in full. I have a letter confirming this.
6. Unfortunately, the DWP then sends a very confusing letter stating a payment will be issued but the backdating date will only be two-thirds of my original claim. So the money paid out is only two-thirds of the amount I calculate I should be awarded.
Now this is still a decent amount of money for somebody unemployed. But the paid amount is wrong and I don't expect that from the DWP.
It's almost as if the Jobcentre staff are run by gangsters.
7. So I asked for a Mandatory Reconsideration on the settlement amount advising it contradicts the judgement of the Decision Maker.
The DWP ignores me. I persist. They dismiss my claim. I repeat my request for Mandatory Reconsideration.
Finally another letter is issued. Another payment will be made.
But it is short by £478.
Now again, this is still a decent amount of money.
But the amount is wrong.
And they have done me wrong. It's difficult to explain - but their smart little antics to swindle the vulnerable - it only aggravates the mental problems people go through.
Also, the money paid out doesn't actually come from their pockets. They still get a good government salary with a nice pension.
But anyway, should I demand another Mandatory Reconsideration with a firm decision to go to Tribunal - outlining the frequent failures of the DWP?
Or should I just walk away and be glad I don't have to see these poor misguided individuals at the Jobcentre? After all I've got most of my money. And just to let you know - I am a little tired now
.
1. It has taken me almost 2 years to get a Work Capability Assessment from the DWP while I am on Universal Credit. The stress and anxiety put on me by Jobcentre staff during that time hasn't been great.
2. I finally get a Work Capability Assessment and it has been agreed I qualify for Limited Capability For Work Related Activity (LCWRA). Basically this means I don't have to look for work.
But I also get a monthly LCWRA payment on top of my UC payment.
3. Given that there was a 2 year delay by the DWP - I asked for my LCWRA qualifying period to be backdated to the original date of my claim.
4. The DWP refused the backdating, it was further refused at Mandatory Reconsideration, and so I then made a claim to go to Tribunal.
5. Once the DWP was notified of this (by the Tribunal) - I received a call from a Decision Maker at the DWP. The Decision Maker advised she accepts my claim in its entirety, a backdated pay will be issued in full. I have a letter confirming this.
6. Unfortunately, the DWP then sends a very confusing letter stating a payment will be issued but the backdating date will only be two-thirds of my original claim. So the money paid out is only two-thirds of the amount I calculate I should be awarded.
Now this is still a decent amount of money for somebody unemployed. But the paid amount is wrong and I don't expect that from the DWP.
It's almost as if the Jobcentre staff are run by gangsters.
7. So I asked for a Mandatory Reconsideration on the settlement amount advising it contradicts the judgement of the Decision Maker.
The DWP ignores me. I persist. They dismiss my claim. I repeat my request for Mandatory Reconsideration.
Finally another letter is issued. Another payment will be made.
But it is short by £478.
Now again, this is still a decent amount of money.
But the amount is wrong.
And they have done me wrong. It's difficult to explain - but their smart little antics to swindle the vulnerable - it only aggravates the mental problems people go through.
Also, the money paid out doesn't actually come from their pockets. They still get a good government salary with a nice pension.
But anyway, should I demand another Mandatory Reconsideration with a firm decision to go to Tribunal - outlining the frequent failures of the DWP?
Or should I just walk away and be glad I don't have to see these poor misguided individuals at the Jobcentre? After all I've got most of my money. And just to let you know - I am a little tired now
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1 week 3 days ago #301529 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic DWP finally pays backdated LCWRA but it's £478 underpaid - should I dispute?
Hi,
First - I'm not sure if you're allowed to use the username you've picked as it's the same as our website - so may be altered by one of the mods, should this be the case - and after reading your post, I don't know if you're aware that after a successful outcome, that you normally lose the first 3 months of any backdated pay for LCWRA. I too, am going through the exact same case as you, but mine is back to the FtT, after the UtT found there to be 3 errors of law in my case.
Hope this helps - maybe you can work out from the 3 month loss payment, as to whether you should just be satisfied with what you have. Me personally, especially with the proposed upcoming changes from Labour in the budget, I would still be happy and have this down as a success!
Chris.
First - I'm not sure if you're allowed to use the username you've picked as it's the same as our website - so may be altered by one of the mods, should this be the case - and after reading your post, I don't know if you're aware that after a successful outcome, that you normally lose the first 3 months of any backdated pay for LCWRA. I too, am going through the exact same case as you, but mine is back to the FtT, after the UtT found there to be 3 errors of law in my case.
Hope this helps - maybe you can work out from the 3 month loss payment, as to whether you should just be satisfied with what you have. Me personally, especially with the proposed upcoming changes from Labour in the budget, I would still be happy and have this down as a success!
Chris.
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1 week 3 days ago - 1 week 3 days ago #301539 by Chris
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Replied by Chris on topic DWP finally pays backdated LCWRA but it's £478 underpaid - should I dispute?
Hi graham,
No problem at all - Yeah, it's hard work, and challenging, but this site inspires and gives confidence to so many, to keep fighting until you can't go any further. Plus, I think if I eventually get the award, what I believe is correct for me, then the backdated payment will just about cover what I've spent on postage and stationery 
It totally can be misinterpreted - but that's because it is so confusing. I'll give you another example of this. A few years back, I had my very first assessment to check that my UC payments were correct, and I submitted all my bank statements for the 4 months that they asked for, as well as my ISA's - and thought that was that. A few weeks had passed and I had a phone call assessment, and they asked me " Do you have any further bank statements to declare?" - I said "No, I would've already done this". So I was asked about a £50 payment that left my bank every month on the 1st, to go to my Help 2 Save account. I said "Yes, this is a DWP bank account called H2S" - They told me I hadn't declared it. I said "Hold on, you're from the DWP right ?" "Yes" - "So why do I have to declare a DWP bank account to the DWP? Surely you're already aware of this?" "No" they answered, and I was fined £50 for fraud. Honest, I was so shocked. Bearing in mind, I had worked within the Finance industry myself for 17 years for local government, it's that stupid a system where it's like telling your landlord how much rent you pay weekly, when they're the ones who set the rates! I was flabbergasted, but nothing surprises me anymore in relation to this government, and how they're trying to get people. I honestly thought that they would've known about this money, like HMRC and a tax code for example. So there you go.
Thats correct, the 3 months waiting period, and I'm sure I've read that you lose these first 3 months, and are paid from the 4th month - So yeah, I would personally say that's a big success, and well done my friend! I know, I agree with your statement - it's clearly down to a lack of training, and also certain personel thinking because they work for them, or an affiliate company, that they're the ones who set the rules - when this is far from the case.
Chris.
p.s. - As for this ( Now that Labour are in and the Civil Service is going to be restructured - hopefully this will bring in better management. ) - my fear is that it will only deteriorate
No problem at all
- Yeah, it's hard work, and challenging, but this site inspires and gives confidence to so many, to keep fighting until you can't go any further. Plus, I think if I eventually get the award, what I believe is correct for me, then the backdated payment will just about cover what I've spent on postage and stationery It totally can be misinterpreted - but that's because it is so confusing. I'll give you another example of this. A few years back, I had my very first assessment to check that my UC payments were correct, and I submitted all my bank statements for the 4 months that they asked for, as well as my ISA's - and thought that was that. A few weeks had passed and I had a phone call assessment, and they asked me " Do you have any further bank statements to declare?" - I said "No, I would've already done this". So I was asked about a £50 payment that left my bank every month on the 1st, to go to my Help 2 Save account. I said "Yes, this is a DWP bank account called H2S" - They told me I hadn't declared it. I said "Hold on, you're from the DWP right ?" "Yes" - "So why do I have to declare a DWP bank account to the DWP? Surely you're already aware of this?" "No" they answered, and I was fined £50 for fraud. Honest, I was so shocked. Bearing in mind, I had worked within the Finance industry myself for 17 years for local government, it's that stupid a system where it's like telling your landlord how much rent you pay weekly, when they're the ones who set the rates! I was flabbergasted, but nothing surprises me anymore in relation to this government, and how they're trying to get people. I honestly thought that they would've known about this money, like HMRC and a tax code for example. So there you go.
Thats correct, the 3 months waiting period, and I'm sure I've read that you lose these first 3 months, and are paid from the 4th month - So yeah, I would personally say that's a big success, and well done my friend!
I know, I agree with your statement - it's clearly down to a lack of training, and also certain personel thinking because they work for them, or an affiliate company, that they're the ones who set the rules - when this is far from the case.Chris.
p.s. - As for this ( Now that Labour are in and the Civil Service is going to be restructured - hopefully this will bring in better management. ) - my fear is that it will only deteriorate
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