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Should I challenge this?

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8 years 2 weeks ago #157012 by Barbii
Should I challenge this? was created by Barbii
Hi everyone,

Wondering if anyone would be able to give me some advice? Not sure where to turn to for help, although I have emailed a disability advice place close to where I live as well.

I've been awarded pip on my letter it states that they reconsidered their decision dated 12 January 2016 on the award letter dated 13 April 2016.

Award for daily living enhanced from 18 May 2016 to 5 April 2016 (both dates included).

Award for mobile standard from 18 May 2016 to 5 April 2016 (both dates included).

I'm getting DLA which is low mobility and medium / high care, can't remember which but will be paid until 17 May 2016. No matter how many times this was challenged by us with mountains of evidence, since 2012, they would never increase!

The fact that pip notified income support, it stopped my joint claim being paid yesterday so my partner phoned and they made payment same day. He's my full time carer and gets carer allowance for caring for me full time.

What I'm wondering is, pip have said no back dated money is owed for pip when my partner called to request the ATOS report and clearly that's why my pip doesn't start until May, but because the decision has been reconsidered, doesn't that make any money owed?

Feels very sneaky to me but I just want to know shall I challenge this?

I will be making a complaint about the horrible and bullying ATOS employee who visited me both to pip and ATOS. I will also be challenging the mobility component as its two points from being enhanced and their excuses do not stand up - forgive the pun lol. I also wish to challenge the length of the award because only two years have been given but since my DLA started in 2012 my health has declined dramatically and continues to get worse each year.

Any advice would be greatly appreciated, thank you,

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8 years 2 weeks ago - 8 years 2 weeks ago #157036 by slugsta
Replied by slugsta on topic Should I challenge this?
Hi Barbii and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

My first question is regarding the dates for the PIP award. you state that is runs until April 2016. Is that your mistake or theirs?

DLA awards run on for 4 weeks after the PIP decision. Then the DLA ends and PIP is paid (if it was awarded).The usual situation is that a reconsideration remakes the original decision this the award starts from that date.

Who have you spoken to about this? Is it just the usual call centre employees? If so, it would be worth asking for a call-back from a manager, who should have more knowledge. We usually suggesting making the call as early in the day as you can as the call-back can take a few hours.

You should bookmark or favourite this on your web browser now so that you can find it easily in future. That way you will be able to ask further questions here without needing to start a new topic each time. It helps us enormously if everything relating to the same claim is kept in one place - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by slugsta.

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8 years 1 week ago #157328 by Barbii
Replied by Barbii on topic Should I challenge this?
Ahh that was my mistake! Thank you for your reply.

The reconsideration was a strange thing earlier this year. Basically they stopped my DLA due to their own mistake with PIP, even sent me a letter telling me my PIP application and evidence had been turned down even though the processing department didn't have my application and evidence until a week after that turn down letter. So had to phone round so many different places to get DLA reinstated because even that wasn't due to stop until April but that's why the pip stuff was sent in.

So, reconsideration to stop my payments altogether due to their own mistakes and causing no end of worry and hassle for us to sort out. It eventually got reinstated and the rest is as I briefly mentioned had a home visit, awarded and now I'm pretty baffled that my reconsidered award is dated January and yet pip doesn't start until May.

I get that they continue for 4 weeks then start on pip but health wise, they recognise that I should be on a higher amount so shouldn't I get backdated pay for that?

I'm only asking because I've had dwp pull fast ones on me so many times with money, it's very hard to tell what's right when they've made so many mistakes with my case over the years and I'm the one that pays for it with my health.

Should the backdating be something I mention in the reconsideration I'm doing?

Thank you

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8 years 1 week ago #157344 by Gordon
Replied by Gordon on topic Should I challenge this?
Barbi

There won't be any back dating for the period you were receiving DLA, the PIP legislation prohibits this, I'm unclear from your post whether you received any back payment following the Reconsideration of the original PIP Decision, the Reconsideration will have re-made the original Decision so you should be eligible for this period.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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