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Backdating PIP to 2016 after rule change?
- mosala
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4 years 4 months ago #241815 by mosala
Backdating PIP to 2016 after rule change? was created by mosala
After tribunal I have recently been awarded PIP enhanced mobility. 1f on the grounds of OPD.
My initial claim for PIP started September 2016.
The decision was on 28 November 2016 wherein I failed to get mobility.
After Tribunal I was awarded standard mobility, on 9 May 2017 - cannot plan a route.
At that time one could not get mobility 1f on the grounds of OPD, so I had to accept 'cannot plan a route'. However, DWP then changed the rules to include OPD on 28 Nov 2016. DWP were supposed to contact claimants and adjust. I was not contacted and want to know if I can claim PIP back dated to Sept 2016 on the grounds of OPD 1f. (especially as I get it now and my circumstances have not changed).
I have seen other writings giving a different date of 20 March 2017 as the change date. The article was very confusing and conflicting. Does it look like I qualify and if not, might they find that I don't qualify now under 1f?
Thanks.
My initial claim for PIP started September 2016.
The decision was on 28 November 2016 wherein I failed to get mobility.
After Tribunal I was awarded standard mobility, on 9 May 2017 - cannot plan a route.
At that time one could not get mobility 1f on the grounds of OPD, so I had to accept 'cannot plan a route'. However, DWP then changed the rules to include OPD on 28 Nov 2016. DWP were supposed to contact claimants and adjust. I was not contacted and want to know if I can claim PIP back dated to Sept 2016 on the grounds of OPD 1f. (especially as I get it now and my circumstances have not changed).
I have seen other writings giving a different date of 20 March 2017 as the change date. The article was very confusing and conflicting. Does it look like I qualify and if not, might they find that I don't qualify now under 1f?
Thanks.
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4 years 4 months ago #241824 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Backdating PIP to 2016 after rule change?
mosala
Everybody affected by the change in the law and then it being reverted to the original definitions will be contacted by the DWP but they are reviewing 1.6 million claims so it will be some time before everybody is contacted.
Gordon
Everybody affected by the change in the law and then it being reverted to the original definitions will be contacted by the DWP but they are reviewing 1.6 million claims so it will be some time before everybody is contacted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 4 months ago #241841 by mosala
Replied by mosala on topic Backdating PIP to 2016 after rule change?
Oh! They are still reviewing, but that's 3 years ago?! From the above, does it look like I would qualify?
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- Gordon
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4 years 4 months ago #241842 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Backdating PIP to 2016 after rule change?
mosala
The DWP didn't start reviewing PIP Mobility awards until June of last year.
I'm afraid I can't offer any comment on whether you would qualify or not, it is not enough to just have OPD when outside it will depend on the context and how it prevents you from following a route.
Gordon
The DWP didn't start reviewing PIP Mobility awards until June of last year.
I'm afraid I can't offer any comment on whether you would qualify or not, it is not enough to just have OPD when outside it will depend on the context and how it prevents you from following a route.
Gordon
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- mosala
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4 years 4 months ago #241868 by mosala
Replied by mosala on topic Backdating PIP to 2016 after rule change?
What I have read is all very confusing, but it seems this is the sequence of events?
Looks like when I applied in Sept 2016 that one couldn't get 1f on the grounds of OPD, then rules changed in Nov 2016 to include OPD, then that was reversed to not qualifying with OPD in March 2017 and then in Dec 2017 it allowed OPD to be a reason to get 1f! Does that sound right to you?
Looks like when I applied in Sept 2016 that one couldn't get 1f on the grounds of OPD, then rules changed in Nov 2016 to include OPD, then that was reversed to not qualifying with OPD in March 2017 and then in Dec 2017 it allowed OPD to be a reason to get 1f! Does that sound right to you?
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4 years 4 months ago #241881 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Backdating PIP to 2016 after rule change?
mosala
It is not the date that you applied that is important, it is the date of the Decision that will determine whether you will be included in this review.
So, as long as the Decision was made on or after the Three Judge ruling on 28 November 2016 then you should be included, if it was before this date then you won't and you have no recourse to have the Decision looked at again.
Gordon
It is not the date that you applied that is important, it is the date of the Decision that will determine whether you will be included in this review.
So, as long as the Decision was made on or after the Three Judge ruling on 28 November 2016 then you should be included, if it was before this date then you won't and you have no recourse to have the Decision looked at again.
Gordon
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