PIP, DLA and AA
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How far back will the PIP be backdated if successfully reinstated?

DanielDaniel Member Posts: 21 Connected
I received PIP for a couple of years because of severe medical problems that will not improve. At a reassessment, Pip was removed December 2016. To cut a long story short, the DWP advised me to apply for PIP again, so I did this late 2017 and was refused, I asked for a M.R, as the reasoning did not 'make sense' if I am awarded PIP will this be back dated to December 2016, as it should not have been removed, or will it be forwarded to the later re-reassessment of 2017? This does not seem fair if this is the case, as by reawarding it surely they were wrong to remove it in December 2016?

Replies

  • poppy123456poppy123456 Community champion Posts: 20,007 Disability Gamechanger
    Hi,

    It will be backdated to when you re-applied in 2017. What you should have done is ask for the Mandatory reconsideration then Tribunal when your PIP was stopped in 2016. You didn't do this so there will be no backdated money to 2016. 
    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.
  • DanielDaniel Member Posts: 21 Connected
    I did apply for a MR, this was unsuccessful, so took it to a tribunal, which was also unsuccessful. As this reassessment contained so many inaccuracies, and the decision concluded on and using these, the DWP advised me to reapply, which rightly or wrongly I had to do, as the Upper Tribunal would not look at it, disagreeing that there were many errors of law, which there were, (unreasonable time taken, evidence going missing, paperwork and evidence not arriving at the court etc. etc). It is reported I performed movements at the original Face to face assessment, which is totally impossible because of cervical metal work  fitted in one of many spinal operations, which prevents this (to mention one error  in this report, one of so many) It is so wearing and frustrating, especially when so ill, stress makes my conditions worse. By awarding it the second time it proves they were wrong to take it off me December 2016, anything I can do to put my case? Thank you for your reply Poppy123456 - much appreciated, I am so disheartened with the system for disabled people, (I worked full time for over 230 years, paying a full stamp throughout and in my 60s now!)
  • poppy123456poppy123456 Community champion Posts: 20,007 Disability Gamechanger
    Unfortunately this is classed as a new claim because you lost the Tribunal and it didn't go in your favour, which ever way you look at. You were unable to take it any further than this because they didn't agree there were any errors in law made.
    Had you won your Tribunal then of course you would have been backdated all of your money. For PIP it makes no difference how long you worked for and paid your NI or tax because it's not a means tested benefit.

    Are you getting help with this claim? If not then i'd advise you to get some help otherwise you could end up going through all of that again and still fail to get an award. Good luck.
    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.
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    edited August 2018
    Daniel said:
    I did apply for a MR, this was unsuccessful, so took it to a tribunal, which was also unsuccessful. As this reassessment contained so many inaccuracies, and the decision concluded on and using these, the DWP advised me to reapply, which rightly or wrongly I had to do, as the Upper Tribunal would not look at it, disagreeing that there were many errors of law, which there were, (unreasonable time taken, evidence going missing, paperwork and evidence not arriving at the court etc. etc). It is reported I performed movements at the original Face to face assessment, which is totally impossible because of cervical metal work  fitted in one of many spinal operations, which prevents this (to mention one error  in this report, one of so many) It is so wearing and frustrating, especially when so ill, stress makes my conditions worse. By awarding it the second time it proves they were wrong to take it off me December 2016, anything I can do to put my case? Thank you for your reply Poppy123456 - much appreciated, I am so disheartened with the system for disabled people, (I worked full time for over 230 years, paying a full stamp throughout and in my 60s now!)
    It is totally unfair. However with PIP as with DLA it is all about how you are on the date of the claim. In your case it could be argued that in December 2016 you did not fit enough of the descriptors. However in 2017 your health took a nose dive that when you filled out the second claim it would have been for different reasons.
    However I know that that is probably not the case - more likely that the form you filled in was so poor and lacking the right sort of information and evidence that no matter how many points you could have got you just didn't make the case for yourself.
    There's an old saying that was drummed into me when I was in the forces. 
    Perfect Planning Prevents P**s Poor Performance!
    In other words perfect planning in how you fill the form in will prevent a poor outcome.

    To give you two examples of a similar situation. 
    My wife claimed Attendance Allowance - it was rejected at the Tribunal. That same day of the hearing a new claim was made which resulted in the highest award possible for life. The award was made from the date of the second application even though her health and difficulties were the same for the first application.

    In 2011 I proved to the DWP that they were wrong to remove a benefit (IIDB) in 2004. They issued an award notice/decision in late 2011 that I was entitled to the benefit from Feb 04 for life. However they would not pay me the arrears from before the claim was made in June 2011 as far back as Feb 2004. The reason they cited was that I did not appeal against the incorrect decision dated Feb 2004 Obviously not I was in hospital for months and knew nothing of the decision. It took me 7 years to get back to some normality mentally that I felt able to deal with my affairs again (all proven to the DWP). 
  • DanielDaniel Member Posts: 21 Connected
    Thank you again, I was awarded PIP and had been proved ill enough to receive this , they sent a review, 2016,my health had deteriorated,  we filled the form in appropriately with medical evidence etc but they awarded (by deducting just enough points to remove it) (The report on which they made this decision is seriously flawed, as stated). I have now been awarded it back again following a new application but they know what has happened, as they apparently refer to all paperwork received over the years. I realise PIP is nothing to do with NI stamps paid etc, it is the principle of what these people are doing to ill, disabled people and how they are treating them. (Haven't worked for 230 years, only 30, slip of the keys-arthritis.). So annoyed that they have appeared to be going to keep what I feel I should have been allowed to keep! Not got professional help. Hope you are OK now, they really wear me down, it is like a 'roundabout' and everything takes so long to sort out.
  • poppy123456poppy123456 Community champion Posts: 20,007 Disability Gamechanger
    In your first post you said "if you're awarded PIP back again" In your last comment you say you have now been awarded it back again... i'm confused. Either way, as you took it to Tribunal and weren't successful, it won't be backdated to 2016. 
    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.
  • DanielDaniel Member Posts: 21 Connected
    Haven't had word from DWP but money put into my account from them, I learnt today? From PIP
  • DanielDaniel Member Posts: 21 Connected
    Had confirmation-  PIP reinstated but just backdated to November 2017, not when it was removed, as predicted would happen, in 2016! Next assessment any time in 2021, (awarded until 2022) DWP agree points were wrongly deducted but MR rectified this and gave me them all back! What is going on?  The system is not for the claimant, we have to follow their rules despite all the flaws!
    Received my contributory ESA, support group reassessment - here we go again!!!!
  • poppy123456poppy123456 Community champion Posts: 20,007 Disability Gamechanger
    As this was a new application and your previous claim wasn't successful, how ever far you took it then you wouldn't get backdated money to the previous claim. Unfortunately that just wouldn't happen. This was a new claim and backdated money will only be to the date you applied for this new 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.
  • Tadpole1289Tadpole1289 Member Posts: 1 Listener
    I got turned down first time, and after a MC. I'm two weeks away from my PIP tribunal. What I didn't realise was that I failed to understand how to fill the form in correctly. There's a fab site called 'Benefits and Work'  https://www.benefitsandwork.co.uk/component/emerald/?view=emlist&Itemid=100261&id=1,2#claims It has loads of helpful info on all benefits but for £19.95 a year you get access to webinars, case law etc. I had no idea I could claim for the Mobility Component based on mental health! They also teach you how to fill in the forms.  I'm half way through a PIP webinar and I would never have ticked certain boxes but I bloody well will now. Hope this helps.
  • poppy123456poppy123456 Community champion Posts: 20,007 Disability Gamechanger
    I got turned down first time, and after a MC. I'm two weeks away from my PIP tribunal. What I didn't realise was that I failed to understand how to fill the form in correctly. There's a fab site called 'Benefits and Work'  https://www.benefitsandwork.co.uk/component/emerald/?view=emlist&Itemid=100261&id=1,2#claims It has loads of helpful info on all benefits but for £19.95 a year you get access to webinars, case law etc. I had no idea I could claim for the Mobility Component based on mental health! They also teach you how to fill in the forms.  I'm half way through a PIP webinar and I would never have ticked certain boxes but I bloody well will now. Hope this helps.

    HI and welcome,

    You've posted on a thread that's 2 years old and the member that started it hasn't been active for 1 year.

    Good luck with your Tribunal.
    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.
  • Tori_ScopeTori_Scope Administrator Posts: 762 Pioneering
    Welcome to the community @Tadpole1289 :) As Poppy said, this is quite an old thread, but thank you for sharing your advice! 

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