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Won higher rate today for PIP but not fully backdated.
- Sarcoid_Roscoe
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3 weeks 1 day ago #309613 by Sarcoid_Roscoe
Won higher rate today for PIP but not fully backdated. was created by Sarcoid_Roscoe
Dear Forum
In February 2023 I made an application due to further health issues as was already awarded pip at the lower rate.
Today's Judge has written....The decision made by the Secretary of State on 26/07/2023 is set aside, and that (ME) is entitled to the daily living component at the enhanced rate from 26/07/2023 to 25/07/2028 and also the same wording for mobility.
Whilst this is great for me, I'm not sure why if my health problems were all noted in February 2023 when I made my application, am I then only awarded from July 2023.
As you can appreciate this is a big difference financially, but it seems if cases may take years to appeal or get hurt, then surely the award if given, should start from the date of my claim when my health issues caused me to be entitled to the extra support, not the date that I was wrongly assessed from.
In February 2023 I made an application due to further health issues as was already awarded pip at the lower rate.
Today's Judge has written....The decision made by the Secretary of State on 26/07/2023 is set aside, and that (ME) is entitled to the daily living component at the enhanced rate from 26/07/2023 to 25/07/2028 and also the same wording for mobility.
Whilst this is great for me, I'm not sure why if my health problems were all noted in February 2023 when I made my application, am I then only awarded from July 2023.
As you can appreciate this is a big difference financially, but it seems if cases may take years to appeal or get hurt, then surely the award if given, should start from the date of my claim when my health issues caused me to be entitled to the extra support, not the date that I was wrongly assessed from.
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- BIS
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3 weeks 1 day ago #309617 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Won higher rate today for PIP but not fully backdated.
Hi Sarcoid_Roscoe
If this was decided by a tribunal - which I assume it was from the dates - in my experience they usually only backdate to the decision letter. (Gary will correct me if I'm wrong).
You said you made an 'application' in Feb 2023 - but I don't know whether that was through a review form or whether it was a change of circumstances. If it was a review then the DWP themselves, normally backdate to the date of the decision (though this is flexible depending on the decision maker. If you put in for a change of circumstances - eg you wrote and told them your condition had deteriorated - the DWP normally backdate to the date they are informed of the deterioration.
If your decision came through a Tribunal - and you originally put in for a change of circumstances to the DWP - you could try and challenge the decision and argue that under normal circumstances it would have been backdated further, but it would have to go to the Upper Tribunal and even if it was allowed (and it may not be) that would mean setting aside your current decision and it would be sent back down to be redone.
If you originally did it through a review form - then the date is not going to change.
BIS
If this was decided by a tribunal - which I assume it was from the dates - in my experience they usually only backdate to the decision letter. (Gary will correct me if I'm wrong).
You said you made an 'application' in Feb 2023 - but I don't know whether that was through a review form or whether it was a change of circumstances. If it was a review then the DWP themselves, normally backdate to the date of the decision (though this is flexible depending on the decision maker. If you put in for a change of circumstances - eg you wrote and told them your condition had deteriorated - the DWP normally backdate to the date they are informed of the deterioration.
If your decision came through a Tribunal - and you originally put in for a change of circumstances to the DWP - you could try and challenge the decision and argue that under normal circumstances it would have been backdated further, but it would have to go to the Upper Tribunal and even if it was allowed (and it may not be) that would mean setting aside your current decision and it would be sent back down to be redone.
If you originally did it through a review form - then the date is not going to change.
BIS
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- Alpro Cherry
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3 weeks 44 minutes ago #309653 by Alpro Cherry
Replied by Alpro Cherry on topic Won higher rate today for PIP but not fully backdated.
Hi BIS
This is interesting- for a new claim, if successful at appeal, is payment not backdated to date claim registered?
This is interesting- for a new claim, if successful at appeal, is payment not backdated to date claim registered?
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- latetrain
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2 weeks 6 days ago #309686 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Won higher rate today for PIP but not fully backdated.
Hi Alpro Cherry
As we do not have all the relevant information including the tribunal decision notice, we would advise you to seek help from your local Welfare Rights Specialist; 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 they will be able to take all your relevant information into account..
Gary
As we do not have all the relevant information including the tribunal decision notice, we would advise you to seek help from your local Welfare Rights Specialist; 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 they will be able to take all your relevant information into account..
Gary
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- Alpro Cherry
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2 weeks 5 days ago #309719 by Alpro Cherry
Replied by Alpro Cherry on topic Won higher rate today for PIP but not fully backdated.
Hi Gary
No, it was just a theoretical question I only posted the appeal today. I didn’t create this post, just added a question.
Kind regards
No, it was just a theoretical question I only posted the appeal today. I didn’t create this post, just added a question.
Kind regards
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- latetrain
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2 weeks 5 days ago #309721 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Won higher rate today for PIP but not fully backdated.
Hi Alpro Cherry
Good luck with your appeal, I did one last week and it was successful, went back to December 2023.
Gary
Good luck with your appeal, I did one last week and it was successful, went back to December 2023.
Gary
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