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PIP and backdating
- mariashep
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1 month 2 weeks ago #295116 by mariashep
PIP and backdating was created by mariashep
I am not sure how to word this question so apologies if it isn't clear.
When I was on DLA I was on the higher payments of both daily living and mobility. When I was moved to PIP they stopped the mobility component all together which I asked for mandatory consideration but was refused. This was back in 2018.
I have recently had my review and the health assessor disagreed with the 2018 decision and has granted me the lower rate of the mobility part, which I think is fair. They back dated the money to the date of the review. I would like to know if there is any chance of getting money back dated from 2018? Or because I didn't go to appeal do I not have a chance?
My problems were all the same. I remember getting a letter back in 2019 about OPD and they said that they had looked at my claim again and said that I did not qualify. Yet that is the grounds I have qualified for this time. Can I do anything?
Many thanks
When I was on DLA I was on the higher payments of both daily living and mobility. When I was moved to PIP they stopped the mobility component all together which I asked for mandatory consideration but was refused. This was back in 2018.
I have recently had my review and the health assessor disagreed with the 2018 decision and has granted me the lower rate of the mobility part, which I think is fair. They back dated the money to the date of the review. I would like to know if there is any chance of getting money back dated from 2018? Or because I didn't go to appeal do I not have a chance?
My problems were all the same. I remember getting a letter back in 2019 about OPD and they said that they had looked at my claim again and said that I did not qualify. Yet that is the grounds I have qualified for this time. Can I do anything?
Many thanks
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- Gary
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1 month 2 weeks ago #295160 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP and backdating
Hi mariashep
We would advise you to seek specialist help; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies in your area advicelocal.uk or lawcentres.org .
Gary
We would advise you to seek specialist help; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies in your area advicelocal.uk or lawcentres.org .
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- mariashep
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1 month 2 weeks ago #295171 by mariashep
Replied by mariashep on topic PIP and backdating
Hi thanks for your reply Gary.
I phoned the DWP and they said that the could only backdate from the date of review. I just wanted to know if that is correct? If it is then I wouldn't pursue . I am grateful to be finally getting part of the mobility component.
I will look at the links you sent for further advice.
Thank you
I phoned the DWP and they said that the could only backdate from the date of review. I just wanted to know if that is correct? If it is then I wouldn't pursue . I am grateful to be finally getting part of the mobility component.
I will look at the links you sent for further advice.
Thank you
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- BIS
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1 month 2 weeks ago #295193 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP and backdating
Hi mariashep
Although you received a high rate of mobility under DLA, you found, as many other have when moving to PIP, that the criteria are slightly different and harder to claim, and you lost out. That must have been a nasty shock.
The role of the assessor is to give 'an opinion,' and different assessors do not always agree with each other. The assessor in 2018 thought you didn't meet the PIP mobility criteria, and this was confirmed when you lost the MR. (You chose not to go to Appeal.) Then, in 2019, you received a letter regarding OPD, and they said that your claim remained the same. I'm assuming that you didn't challenge that decision (which you could have done if you knew that you could).
Now, in 2024, a different assessor has awarded you the lower rate of mobility, and your money was backdated to the time of the review. You have no case for the DWP backdating to 2018 - it is just a different 'opinion' (from their point of view).
The only way you would get them to backdate any further is if you challenged the 2019 decision - which is a separate issue - (not the 2018 decision.) I only know one member from Benefits and Work who, like you, was told there was no change in 2019 and was able to fight to get that decision overturned in the last year or so, many years after the DWP said that they had completed those reviews. I am pretty sure that they would not look at it now, but there's nothing to stop you from asking the question.
BIS
Although you received a high rate of mobility under DLA, you found, as many other have when moving to PIP, that the criteria are slightly different and harder to claim, and you lost out. That must have been a nasty shock.
The role of the assessor is to give 'an opinion,' and different assessors do not always agree with each other. The assessor in 2018 thought you didn't meet the PIP mobility criteria, and this was confirmed when you lost the MR. (You chose not to go to Appeal.) Then, in 2019, you received a letter regarding OPD, and they said that your claim remained the same. I'm assuming that you didn't challenge that decision (which you could have done if you knew that you could).
Now, in 2024, a different assessor has awarded you the lower rate of mobility, and your money was backdated to the time of the review. You have no case for the DWP backdating to 2018 - it is just a different 'opinion' (from their point of view).
The only way you would get them to backdate any further is if you challenged the 2019 decision - which is a separate issue - (not the 2018 decision.) I only know one member from Benefits and Work who, like you, was told there was no change in 2019 and was able to fight to get that decision overturned in the last year or so, many years after the DWP said that they had completed those reviews. I am pretty sure that they would not look at it now, but there's nothing to stop you from asking the question.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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