PiP Decision

Hello, I'm new here so please forgive any blunders of mine.

I've received a decision regarding PiP and according to the decision maker, I qualify for enhanced daily living component (brilliant) but don't qualify for either component of mobility.

I vehemently disagree with that decision and am planning on having it looked at by another decision maker initially and will then appeal it if the answer isn't satisfactory.

However, I digress.

The point that I would like to discuss and one that I find incredibly confusing, stressful and outright barbaric is that my claim will not be backdated to the date when I initially made it.

I am on DLA and voluntarily wished to claim PiP.

From what I've read, PiP will only be backdated for new applicants. Existing applicants will be paid DLA until a decision is made and when said decision has been made and they qualify, they will be paid PiP a month afterwards.

I have been reading conflicting information.

Some people claim that this is THE LAW *Judge Dredd face* and there is nothing you can do about it.

Other people claim that theirs have been backdated entirely and they've received a nice lump some.

Some have claimed that their claim has been backdated to when they made the phone call but because they were claiming DLA the amount backdated has been adjusted (DLA deducted) this makes the most sense to me.

Could someone please give me a definite or more likely answer please?

Lastly, some people have claimed that by contacting their local MP they have been a big help, sorted it all out, they got their money backdated and lived happily ever after.

Alas, my MP is Cameron.

Hi,

Welcome to Benefits and Work Forum

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions in this FAQ :

My full name is showing, how can I stop it?

---

I am afraid that PIP Legislation dictates that where a current DLA recipient transfers over to PIP, voluntarily or otherwise, there will be no backdating of PIP to the start of the transfer process, even if you receive a greater PIP award than the initial DLA award.

PIP will only be backdated to the date of the initial phone call in the case of a totally fresh claim where there is no existing DLA award.

In the case of a DLA to PIP transfer, the existing level of DLA will be paid until 4 weeks after the date of the new PIP award, whatever that PIP award may be.

See : This Post in our Spotlight Area at the top of The forum.

Here is some generic PIP MR/Appeals advice.

You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.

Sending Documents to the DWP.

You could also ring the PIP Helpline :

Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm

To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.

If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

You should not miss your one month deadline if The PA4 or any other supporting evidence that you may be awaiting has not arrived.

You can make comment that you have requested this and will submit further evidence if applicable when you receive it.

Once you have The PA4, you can then pose any counter arguments to the PIP Assessors recommendations.

e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days

If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!

You should also concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided which indicates that you should have.

You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.

Obviously if you have no current PIP Award, there is no risk involved.

See : PIP MR/Appeals Guidance.

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)

You should do this using one copy of The MR Notice letter (keep the othercopy) and the : SSCS 1 Form (Download Link)

All this is explained in our PIP Appeals Guidance

See also : PIP Self Test

PIP Points Scoring System

&

PIP Claims Guide. (2nd Link down the page)



N.B. For clarity, the rule regarding DLA to PIP transfers not being backdated is below at 17. (1) (b) :

"Procedure following and consequences of determination of claim for personal independence payment

17.—(1) Upon an assessment determination being made on a claim by a transfer claimant—

(a) the Secretary of State must, as soon as practicable, send the claimant written notification of the outcome of the determination,

and

(b) the claimant’s entitlement to disability living allowance shall terminate, except where paragraph(2) of regulation 13 applies to the claimant, on the last day of the period of 28 days starting with the first pay day after the making of the determination."

From : The Personal Independence Payment (Transitional Provisions) Regulations 2013.



You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic !

bro58