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TOPIC: Claiming backdated payment -psychological distress

Claiming backdated payment -psychological distress 1 month 5 days ago #243077

Hello. My husband was assessed for PIP in 2016. He was not awarded points for being unable to undertake any journey due to ‘overwhelming psychological distress’, even though this was patently the case at the time. I know that two such cases were brought to Tribunal, and two landmark judgements overturned them, in 2017. The DWP wrote to my husband to advise him that the outcomes of the tribunals did not affect his award. This was not true, so I mentioned these two cases in my recent application for his PIP review in 2019. This time, the assessor has clearly stated ‘you cannot undertake any journey because it would cause you overwhelming psychological distress, and awarded 10 points. His award letter confirmed this.
I want to claim the money the DWP owes him since the tribunals changed the law. Can you advise me on the best way to go about this?

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Claiming backdated payment -psychological distress 1 month 5 days ago #243078

Hi Jude

The DWP has already looked at your husband's claim for that time after the law was changed and judged that it did not apply to him. The fact that it has been awarded this time, makes little difference to their previous decision. The money is not owed to him until such time a ruling is made in his favour which has not happened. You could write to the DWP and ask them to look at it again.

BIS

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

Claiming backdated payment -psychological distress 1 month 3 days ago #243180

Thank you for your reply BIS. This is a complex subject and I feel that my initial post didn’t do it justice. There have been numerous ‘news’ items on the Benefits and Work website with regard to MH v DWP and RJ v DWP, and my husband has definitely lost out in the instances which led to both cases being brought. He was assessed in early 2016, and awarded Standard Rate Mobility. The two cases mentioned above confirm that it should have been the Enhanced Rate, and he ought to be entitled to reclaim what he has lost financially since the changes in law. I feel I need very clear guidance here. I’ve read everything that’s relevant on the website, but am still wondering if I should take the time to challenge the DWP, who say they have reviewed my husband’s case, but clearly haven’t done so properly. Can you advise me any further, or indeed recommend an organisation that I could ring for detailed information on this complicated situation?

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Claiming backdated payment -psychological distress 1 month 3 days ago #243182

Hi Jude

I can't say anything further than what I have already said. The DWP will argue that they have looked at your husband's case and in their view the change in the law did not apply to him. As far as I am aware there is no opportunity to appeal this. Therefore you can make a complaint to the DWP to which they will have to respond or try some legal redress. You need to find specialist benefits advice - google it with your postcode to find any suitable people in your area who might be able to help.

BIS

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

Claiming backdated payment -psychological distress 1 month 3 days ago #243189

Thanks again BIS. I will pursue the complaint option first. Much appreciated.

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Claiming backdated payment -psychological distress 1 month 3 days ago #243190

Hi Jude,
I have just started the appeal process regarding the same descriptor as I was only originally awarded 4 points for needing prompting, when the DWP looked at it again they decided there would be no change to my award. With the help of my Representative we sent off an MR which was unsuccessful so having posted on here and met with my Representative to discuss we have applied to appeal the decision. When the ' no change to your award' letter arrived it did state somewhere in all the text that you could ask them to look at it again.
However as your husbands award has since been reviewed and they have now awarded him the points I do not know where you stand with taking the original decision to appeal to get the backdated money, the wonderful Mods on this site would be able to clarify this for you I'm sure.
Best of luck anyway.

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