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PIP appeal withdrawal advice
- Geordielad880
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2 days 4 hours ago #310029 by Geordielad880
PIP appeal withdrawal advice was created by Geordielad880
I would like some advice regarding my PIP appeal, I have already done a mandatory reconsideration, I'm happy with the decision that was made, and the award length, I lodged the appeal based on backdating of my award, as it's only been backdated to March 2025 when the original decision was made after telephone assessment.
However I disagree with this as I received the pip review forms in January 2024, and I was already going to submit a change of circumstances and was in the process of gathering all my medical evidence before contacting DWP about the changes, and received the pip review forms before I had a chance to notify of the change in circumstances, I contacted dwp at the time and asked what I should do, and they said to complete the review form as its an easier form to complete, and I asked about backdating and was told that it would be backdated regardless of which way I did it, they received the completed forms in June 2025.
I believe I should have my uprated award backdated to January 2024 not March 2025 because this is the information I was given on the phone, I have already submitted a complaint and received response saying thst because they ultimately can't definitively say when the changes occurred they won't backdate it before March 2025, in my opinion irrespective of being given misleading and incorrect information, it should as an absolute minimum be backdated to June 2025 when they received the returned forms, as that is what my assessment was entirely based on, my situation then was exactly the same as when the assessment was carried out in March 2025, it's not my fault they took so long to look at the information, and all my medical information clearly outlines the changes, and when they occurred.
I have submitted an appeal outlining all of the above, but the whole situation is causing me so much distress, and affecting my mental and physical health, my seizures are heavily influenced by my mental health etc.
My query is if I decide to withdraw my appeal, will everything just revert back to the decision I'm happy with in terms of the award and the length, or will the DEP continue to look at the appeal and potentially change the award even through I have withdrawn my appeal? I assumed it would just be dropped and that would be it, but citizens advice have given me conflicting information to say potentially they could still look at the whole award even if I withdraw the appeal. The DWP have until the 8th November 2025 to respond to the appeal I submitted, so it hasn't gone past that stage yet.
Any advice would be greatly appreciated, both in terms of what might happen if I withdraw the appeal, and also the likelihood of success if I proceed, in my appeal information I made clear I'm happy with the award itself, and the length of the award, all I'm appealing is the date when the award is from.
Thanks in advance, and help or advice would be greatly appreciated
However I disagree with this as I received the pip review forms in January 2024, and I was already going to submit a change of circumstances and was in the process of gathering all my medical evidence before contacting DWP about the changes, and received the pip review forms before I had a chance to notify of the change in circumstances, I contacted dwp at the time and asked what I should do, and they said to complete the review form as its an easier form to complete, and I asked about backdating and was told that it would be backdated regardless of which way I did it, they received the completed forms in June 2025.
I believe I should have my uprated award backdated to January 2024 not March 2025 because this is the information I was given on the phone, I have already submitted a complaint and received response saying thst because they ultimately can't definitively say when the changes occurred they won't backdate it before March 2025, in my opinion irrespective of being given misleading and incorrect information, it should as an absolute minimum be backdated to June 2025 when they received the returned forms, as that is what my assessment was entirely based on, my situation then was exactly the same as when the assessment was carried out in March 2025, it's not my fault they took so long to look at the information, and all my medical information clearly outlines the changes, and when they occurred.
I have submitted an appeal outlining all of the above, but the whole situation is causing me so much distress, and affecting my mental and physical health, my seizures are heavily influenced by my mental health etc.
My query is if I decide to withdraw my appeal, will everything just revert back to the decision I'm happy with in terms of the award and the length, or will the DEP continue to look at the appeal and potentially change the award even through I have withdrawn my appeal? I assumed it would just be dropped and that would be it, but citizens advice have given me conflicting information to say potentially they could still look at the whole award even if I withdraw the appeal. The DWP have until the 8th November 2025 to respond to the appeal I submitted, so it hasn't gone past that stage yet.
Any advice would be greatly appreciated, both in terms of what might happen if I withdraw the appeal, and also the likelihood of success if I proceed, in my appeal information I made clear I'm happy with the award itself, and the length of the award, all I'm appealing is the date when the award is from.
Thanks in advance, and help or advice would be greatly appreciated
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- LL26
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2 days 2 hours ago #310035 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP appeal withdrawal advice
Hi Geordielad880,
Firstly, let me explain a little more about your award. Because you already have an award in place, (which I assume is correct and there is no gap,) if the award is changed this is called a supersession. (Which is just the legal term for change in award.) However, this is important because in order to change benefit DWP need to be allowed legally to do this, and there has to be an actual change of circumstances to allow the supersession. Thirdly there needs to be an effective date. The first 2 criteria will I'm sure have been met, (legal grounds, actual change of circs.) The effective is date is when the change of circumstances happened. A supersession can be made for an improvement in health as well as deterioration. Sometimes this is is due to a specific event such as an accident, surgery, confirmation from a doctor of the change etc. In these cases it will be obvious when the change occurred. Sometimes health steadily becomes worse or better, and it is hard to say when exactly the change occurred. However, something must have led you to conclude your health has become worse. Maybe you could always walk to your friend's house next door without difficulty, but now you find yourself out of breath? Maybe you realise that you can't bend to put shoes on, whereas you know previously you could. Or alternatively it could be the date that finding you have more pain you go to the GP and he increases your prescription.
Unless some dramatic event has occurred then the effective date can be the day you realised your health had changed. It is likely that your health probably changed a few days before then, but that doesn't matter. Often as soon as you notice the sort of subtle changes I mentioned in the previous paragraph you will then sit down and think, 'hmm indeed actually I remember I was struggling a bit last week too....' so - now you can pin the date to a week earlier.
Have a think and work out when you actually noticed a change. There may not be an exact date. However, at the very least, since you have reported the change/asked DWP about what to do, then that should be the latest effective date. If you know that you were more unwell eg 3wks before that then you could argue the effective date would be the 3 wk earlier date.
Did you keep any recording or note of the phone call you made to DWP when you received the review?
You stated that you have medical evidence and presumably this was submitted at the time of the review, when the form was returned. DWP should therefore have been aware of this. It will be difficult then to argue that by some mysterious coincidence your health deteriorated on the very same day as the assessment!!!
Because this is a Supersession (if an award in place is changed,) - DWP MUST prove that the Supersession is correct
ie
1.there is legal ground to consider making a Supersession
2. Actual change of circs to allow the Superssesion to be made
3. There is an effective date which is legally correct (in accordance with the law that I have summarized above.)
If DWP can't prove ALL 3 elements then the Supersession is invalid.
About the appeal - I think firstly await to see what DWP say. It is possible they will undertake the correct backdating. Then all is good. They may alternatively back date a bit. This may not be strictly legally correct, but you may wish to accept this compromise. If DWP alter their decision in your favour then they will lapse the appeal. However you can still 're-appeal' if you feel any revised decision isn't good enough.
The third possibility is that DWP refuse to change their decision. This is where you are currently at. You can choose to withdraw the appeal. This will mean that nothing changes and you will continue to receive benefit per the MR decision without any additional backdating.
As with any appeal, The Tribunal have a right to consider the whole award and can change this which could include removing it. HOWEVER in order to do this legally the Tribunal would need to clearly announce that they were minded to remove/reduce all or part of an award. This would then give you the opportunity to withdraw the appeal there and then. (So you would revert back to the pre-appeal situation, ame as you are now.) If they reduced benefit in any way without giving the warning you would have instant grounds to argue an error of law and if you wrote in to the Tribunal office the decision should be immediately set aside and then you could start the appeal again, which would be with different Tribunal members. Tribunals only rarely decide to use this power. Whilst I do advise clients that this is a possibility, it is a very remote possibility. (And much less so here, when the only question is about backdating.)
This is a quote from recent caselaw -
"S10(5) of the Social Security Act 1998 provides (as a general rule and
subject to regulations) that supersession takes effect from the date on which “the application” was made. By virtue of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013/381, where supersession takes place
because of a change of circumstances, and it is advantageous to the claimant, it takes effect on the date on which the relevant change of circumstances occurs or is expected to occur. (schedule 1 paragraph 12). However if the change of circumstances is notified more than one month after it occurred then the
superseding decision takes effect from the date of notification (schedule 1 paragraph 14)" - (Per Deputy Upper Tribunal Judge Hocking - UA 2024-000351-PIP [2024] UKUT 428 (AAC)
I think you should initially await DWP response. If you still need/want to appeal then you can do this. You can withdraw at any time. However, if you choose to continue and win, (and I think you should have had a backdated award) then of course you will receive the backdated money which will be the difference between what was awarded and what should have been awarded for the relevant period.
I hope this helps.
Let us know if you need any more info. This is a rather complicated area of law!
Also let us know how you get on.
LL26
Firstly, let me explain a little more about your award. Because you already have an award in place, (which I assume is correct and there is no gap,) if the award is changed this is called a supersession. (Which is just the legal term for change in award.) However, this is important because in order to change benefit DWP need to be allowed legally to do this, and there has to be an actual change of circumstances to allow the supersession. Thirdly there needs to be an effective date. The first 2 criteria will I'm sure have been met, (legal grounds, actual change of circs.) The effective is date is when the change of circumstances happened. A supersession can be made for an improvement in health as well as deterioration. Sometimes this is is due to a specific event such as an accident, surgery, confirmation from a doctor of the change etc. In these cases it will be obvious when the change occurred. Sometimes health steadily becomes worse or better, and it is hard to say when exactly the change occurred. However, something must have led you to conclude your health has become worse. Maybe you could always walk to your friend's house next door without difficulty, but now you find yourself out of breath? Maybe you realise that you can't bend to put shoes on, whereas you know previously you could. Or alternatively it could be the date that finding you have more pain you go to the GP and he increases your prescription.
Unless some dramatic event has occurred then the effective date can be the day you realised your health had changed. It is likely that your health probably changed a few days before then, but that doesn't matter. Often as soon as you notice the sort of subtle changes I mentioned in the previous paragraph you will then sit down and think, 'hmm indeed actually I remember I was struggling a bit last week too....' so - now you can pin the date to a week earlier.
Have a think and work out when you actually noticed a change. There may not be an exact date. However, at the very least, since you have reported the change/asked DWP about what to do, then that should be the latest effective date. If you know that you were more unwell eg 3wks before that then you could argue the effective date would be the 3 wk earlier date.
Did you keep any recording or note of the phone call you made to DWP when you received the review?
You stated that you have medical evidence and presumably this was submitted at the time of the review, when the form was returned. DWP should therefore have been aware of this. It will be difficult then to argue that by some mysterious coincidence your health deteriorated on the very same day as the assessment!!!
Because this is a Supersession (if an award in place is changed,) - DWP MUST prove that the Supersession is correct
ie
1.there is legal ground to consider making a Supersession
2. Actual change of circs to allow the Superssesion to be made
3. There is an effective date which is legally correct (in accordance with the law that I have summarized above.)
If DWP can't prove ALL 3 elements then the Supersession is invalid.
About the appeal - I think firstly await to see what DWP say. It is possible they will undertake the correct backdating. Then all is good. They may alternatively back date a bit. This may not be strictly legally correct, but you may wish to accept this compromise. If DWP alter their decision in your favour then they will lapse the appeal. However you can still 're-appeal' if you feel any revised decision isn't good enough.
The third possibility is that DWP refuse to change their decision. This is where you are currently at. You can choose to withdraw the appeal. This will mean that nothing changes and you will continue to receive benefit per the MR decision without any additional backdating.
As with any appeal, The Tribunal have a right to consider the whole award and can change this which could include removing it. HOWEVER in order to do this legally the Tribunal would need to clearly announce that they were minded to remove/reduce all or part of an award. This would then give you the opportunity to withdraw the appeal there and then. (So you would revert back to the pre-appeal situation, ame as you are now.) If they reduced benefit in any way without giving the warning you would have instant grounds to argue an error of law and if you wrote in to the Tribunal office the decision should be immediately set aside and then you could start the appeal again, which would be with different Tribunal members. Tribunals only rarely decide to use this power. Whilst I do advise clients that this is a possibility, it is a very remote possibility. (And much less so here, when the only question is about backdating.)
This is a quote from recent caselaw -
"S10(5) of the Social Security Act 1998 provides (as a general rule and
subject to regulations) that supersession takes effect from the date on which “the application” was made. By virtue of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013/381, where supersession takes place
because of a change of circumstances, and it is advantageous to the claimant, it takes effect on the date on which the relevant change of circumstances occurs or is expected to occur. (schedule 1 paragraph 12). However if the change of circumstances is notified more than one month after it occurred then the
superseding decision takes effect from the date of notification (schedule 1 paragraph 14)" - (Per Deputy Upper Tribunal Judge Hocking - UA 2024-000351-PIP [2024] UKUT 428 (AAC)
I think you should initially await DWP response. If you still need/want to appeal then you can do this. You can withdraw at any time. However, if you choose to continue and win, (and I think you should have had a backdated award) then of course you will receive the backdated money which will be the difference between what was awarded and what should have been awarded for the relevant period.
I hope this helps.
Let us know if you need any more info. This is a rather complicated area of law!
Also let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Geordielad880
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- Geordielad880
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2 days 1 hour ago #310038 by Geordielad880
Replied by Geordielad880 on topic PIP appeal withdrawal advice
This is the information I put in my appeal when I submitted it, I don't have any further information to show them, as they already have all the relevant supporting medical documents and completed review form going into vast detail on all the changes and deterioration in my health and extra support needed.
APPEAL SUBMISSION
Reasons for appealing
What you disagree with
Benefit decision backdating
Change
Why you disagree with it
I originally received my PIP review form in January 2024, I was already in the process of collecting all necessary medical information and documents to submit a change of circumstances, as my condition had deteriorated significantly since my last review, I rang DWP and queried whether I should submit the review form with all necessary documents, or carry on and submit a change of circumstances form, I was told that it wouldn't matter which form I used as it would be backdated either way, and the review form was easier to complete. So I completed the review form sent to me in January 2024, with all the necessary medical information, I had to have several extentions due to my poor health, and significant increase in my seizures due to the stress and anxiety caused by the whole process, I always struggle with the whole process. I submitted the PIP review form in June 2024, and it was received by DWP on the 20th of June 2024, I submitted further medical information after this also which was relevant, and received a letter telling me no further information was required, even though it clearly states you should continue to send any relevant information until assessment takes place. I had my assessment via telephone on 25th February 2025, and the review was completed on the 18th March 2025, I wasn't happy with the decision made as I was only awarded standard rate for care, I then submitted a mandatory reconsideration which was reviewed on the 7th September 2025, I was happy with the award of enhanced for both daily living and mobility and also with the award length now been 10 years, however I'm still not happy with the date the Decision/award has been made from which is 18th March 2025, as I was told when I originally received the review paperwork back in January 2024, and was in the process of submitting a change of circumstances, that it didn't matter which form I completed it would be backdated to the date the review form was sent out to me, which was 27th January 2024, the information I was given was apparently incorrect, and if I was given the correct information I would of submitted a change in circumstances instead of the review form. The vast amount of medical information I have provided clearly shows that the new conditions and deterioration in my physical and mental health has been ongoing before the review form was sent to me, hence why I was in the process of getting all medical documents together to submit a change in circumstances in the first place. And also you have had all my medical information since 20th June 2024 which the whole decision has been made on in the first place, the only extra evidence I submitted for mandatory reconsideration was an occupational therapy assessment report, which was based on the exact same information you already had been sent, and on the same medical conditions. I believe the decision should be awarded from the 27th January 2024 when I received the PIP review form, as this is the information I was told by DWP, and my medical evidence submitted supports that my conditions had changed, and I had further deteriorated also. From reading various legislation online I can see the following information:- The relevant legislation is here, part 2 section 18 www.legislation.gov.uk/uksi/2013/381/schedule/1 "Where the superseding decision is advantageous to the claimant and is made on the Secretary of State's own initiative, the decision takes effect from the date on which the Secretary of State commenced action with a view to supersession" A4365 of the ADM supports that interpretation - assets.publishing.service.gov.uk/media/6...ab48866d4b/adma4.pdf "Where a DM supersedes on their own initiative to deal with a change of circumstances and the result is advantageous to the claimant the supersession takes effect for ESA and JSA, from the beginning of the benefit week in which action was started with a view to supersession for PIP, 2.1 the date on which action was started with a view to supersession e.g. the date the review form was issued"
Other reasons for appealing
I believe it's unfair to penalise me in terms of the award start date, as I was given incorrect information in regards to backdating of the award once it was eventually assessed. You also received all of the medical information and evidence on the 20th June 2025, which was what my entire review was based on, which clearly shows how long I have been diagnosed with the numerous medical conditions I have. Also it's not my fault that it took from June 2024, to March 2025 to complete the review, which is a very long time, I also was migrated from ESA to universal credit in January 2025, and now because of the incorrect award date for my PIP changes, I will not receive the disability premiums I should be entitled to if the award was started from the correct date, I'm already living in unsuitable housing, and haven't been able to move to suitable housing while this whole process has been ongoing through uncertainty and fear about whether I would be able to afford to move to suitable accommodation to receive the care I need, so my physical and mental health has deteriorated even more because of this, resulting in several trips and falls, and injuries, and a deterioration in my mental health. The whole process has made me feel hopeless, and now because of the Decision I won't be able to afford to move into suitable adapted accommodation
APPEAL SUBMISSION
Reasons for appealing
What you disagree with
Benefit decision backdating
Change
Why you disagree with it
I originally received my PIP review form in January 2024, I was already in the process of collecting all necessary medical information and documents to submit a change of circumstances, as my condition had deteriorated significantly since my last review, I rang DWP and queried whether I should submit the review form with all necessary documents, or carry on and submit a change of circumstances form, I was told that it wouldn't matter which form I used as it would be backdated either way, and the review form was easier to complete. So I completed the review form sent to me in January 2024, with all the necessary medical information, I had to have several extentions due to my poor health, and significant increase in my seizures due to the stress and anxiety caused by the whole process, I always struggle with the whole process. I submitted the PIP review form in June 2024, and it was received by DWP on the 20th of June 2024, I submitted further medical information after this also which was relevant, and received a letter telling me no further information was required, even though it clearly states you should continue to send any relevant information until assessment takes place. I had my assessment via telephone on 25th February 2025, and the review was completed on the 18th March 2025, I wasn't happy with the decision made as I was only awarded standard rate for care, I then submitted a mandatory reconsideration which was reviewed on the 7th September 2025, I was happy with the award of enhanced for both daily living and mobility and also with the award length now been 10 years, however I'm still not happy with the date the Decision/award has been made from which is 18th March 2025, as I was told when I originally received the review paperwork back in January 2024, and was in the process of submitting a change of circumstances, that it didn't matter which form I completed it would be backdated to the date the review form was sent out to me, which was 27th January 2024, the information I was given was apparently incorrect, and if I was given the correct information I would of submitted a change in circumstances instead of the review form. The vast amount of medical information I have provided clearly shows that the new conditions and deterioration in my physical and mental health has been ongoing before the review form was sent to me, hence why I was in the process of getting all medical documents together to submit a change in circumstances in the first place. And also you have had all my medical information since 20th June 2024 which the whole decision has been made on in the first place, the only extra evidence I submitted for mandatory reconsideration was an occupational therapy assessment report, which was based on the exact same information you already had been sent, and on the same medical conditions. I believe the decision should be awarded from the 27th January 2024 when I received the PIP review form, as this is the information I was told by DWP, and my medical evidence submitted supports that my conditions had changed, and I had further deteriorated also. From reading various legislation online I can see the following information:- The relevant legislation is here, part 2 section 18 www.legislation.gov.uk/uksi/2013/381/schedule/1 "Where the superseding decision is advantageous to the claimant and is made on the Secretary of State's own initiative, the decision takes effect from the date on which the Secretary of State commenced action with a view to supersession" A4365 of the ADM supports that interpretation - assets.publishing.service.gov.uk/media/6...ab48866d4b/adma4.pdf "Where a DM supersedes on their own initiative to deal with a change of circumstances and the result is advantageous to the claimant the supersession takes effect for ESA and JSA, from the beginning of the benefit week in which action was started with a view to supersession for PIP, 2.1 the date on which action was started with a view to supersession e.g. the date the review form was issued"
Other reasons for appealing
I believe it's unfair to penalise me in terms of the award start date, as I was given incorrect information in regards to backdating of the award once it was eventually assessed. You also received all of the medical information and evidence on the 20th June 2025, which was what my entire review was based on, which clearly shows how long I have been diagnosed with the numerous medical conditions I have. Also it's not my fault that it took from June 2024, to March 2025 to complete the review, which is a very long time, I also was migrated from ESA to universal credit in January 2025, and now because of the incorrect award date for my PIP changes, I will not receive the disability premiums I should be entitled to if the award was started from the correct date, I'm already living in unsuitable housing, and haven't been able to move to suitable housing while this whole process has been ongoing through uncertainty and fear about whether I would be able to afford to move to suitable accommodation to receive the care I need, so my physical and mental health has deteriorated even more because of this, resulting in several trips and falls, and injuries, and a deterioration in my mental health. The whole process has made me feel hopeless, and now because of the Decision I won't be able to afford to move into suitable adapted accommodation
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- LL26
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2 days 40 minutes ago #310044 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP appeal withdrawal advice
Hi Geordielad880,
I'm not sure you have quoted the correct legislation - you have the right set of Regulations - but you need to look at Reg 15 which is about PIP (the one you quoted relates to ESA) or UC)
15. Where—
(a)the change is relevant to entitlement to a particular rate of personal independence payment; and
(b)the claimant notifies an appropriate office of the change no later than one month after the date on which they first satisfied the conditions of entitlement to that rate or within such longer period as may be allowed by regulation 36 (effective dates for superseding decisions where changes notified late),
the superseding decision takes effect from the date on which the claimant first satisfied those conditions.
My emphasis. As I explained in the previous post the effective date is when your health deteriorated -
Otherwise you have explained the situation correctly and succinctly. So you have a good case.
LL26
I'm not sure you have quoted the correct legislation - you have the right set of Regulations - but you need to look at Reg 15 which is about PIP (the one you quoted relates to ESA) or UC)
15. Where—
(a)the change is relevant to entitlement to a particular rate of personal independence payment; and
(b)the claimant notifies an appropriate office of the change no later than one month after the date on which they first satisfied the conditions of entitlement to that rate or within such longer period as may be allowed by regulation 36 (effective dates for superseding decisions where changes notified late),
the superseding decision takes effect from the date on which the claimant first satisfied those conditions.
My emphasis. As I explained in the previous post the effective date is when your health deteriorated -
Otherwise you have explained the situation correctly and succinctly. So you have a good case.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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