UC LCW to LCWRA — can LCWRA be backdated to when I reported my deterioration?
Hi everyone,
I’m looking for advice from anyone familiar with Universal Credit, WCA and especially LCW → LCWRA reassessments and backdating.
I’ve been on LCW for around 3 years. My health significantly deteriorated in 2023 following major surgery, and I reported my worsening/new health problems to Universal Credit on my journal at the time.
The problem is that my WCA reassessment was never actually completed.
Over the following years, I repeatedly contacted UC and chased the reassessment/referral because I knew it hadn’t happened. On multiple occasions, I was told by DWP/UC that I had been referred for a WCA and that the referral was being dealt with.
However, this turned out not to be the case.
Eventually, after repeatedly chasing them, I was told/advised that the referral had not actually been made. This was effectively acknowledged by DWP, despite me previously being told that I had already been referred.
The reassessment is now finally progressing. The assessment team have contacted my GP for medical evidence, and I’ve been told that I will either have a telephone assessment or potentially be assessed on the evidence provided.
Some important points:
● I never completed a UC50/UC90 form for this reassessment.
● I repeatedly reported my deterioration and chased the missing referral/reassessment.
● I was repeatedly told by UC/DWP that I had been referred, when it later became clear that the referral hadn’t actually been completed.
● DWP have now acknowledged that the referral wasn’t done and the process is finally moving forward.
● My main physical problem is severe mobility impairment following bilateral knee injuries/surgery.
● I have significant difficulty walking and cannot walk anything close to 50 metres reliably.
● I receive PIP at the enhanced rate for both daily living and mobility.
● I have medical evidence relating to my physical problems, including investigations showing significant ongoing knee problems.
My main questions
If I am found to have LCWRA, is there a possibility that it could be backdated to when I originally reported the deterioration/change of circumstances in 2023, rather than only from the date of the new WCA decision?
Does the fact that I reported the change years ago and repeatedly chased the reassessment, while DWP failed to actually make the referral, strengthen the argument for backdating?
Does it make a difference that I was repeatedly told by DWP that I had already been referred, only for it later to be acknowledged that the referral hadn’t actually been made?
Does the fact that I never completed a UC50/UC90 matter, particularly if I was never properly sent/completed one and the assessment team are now obtaining evidence directly from my GP?
If the decision maker awards LCWRA, would they normally consider the correct effective date automatically, or should I specifically ask them to consider backdating?
If they award LCWRA but refuse to backdate it, how strong could a Mandatory Reconsideration be if I have journal messages showing:
● I reported my deterioration in 2023;
● I repeatedly chased the WCA referral;
● I was told the referral had been made;
● and DWP later acknowledged that it actually hadn’t been done?Could anyone explain what actually determines the LCWRA effective date when someone has been waiting years for a reassessment because of an apparent DWP administrative failure?
Has anyone here had a similar situation where DWP failed to make a WCA referral, repeatedly said it had been done, then eventually admitted it hadn’t, and subsequently awarded LCWRA? If so, were you able to get it backdated?
Does receiving enhanced PIP for both components have any significant relevance to the WCA/LCWRA decision or the backdating issue?
I’m particularly interested in hearing from anyone with actual experience of LCW → LCWRA backdating after a long delay caused by a missed/failed WCA referral, or anyone who understands the DWP rules around the effective date.
Thanks in advance.