The DWP is moving inexcusably slowly in considering the cases of PIP claimants who may be owed thousands of pounds  in back payments, its latest progress report reveals.  Although the DWP claim the review will be completed in 2025, at the present rate, some claimants may be left waiting a total of more  than 8 years for a decision on their case.

The review of cases relates to PIP activity 9. Engaging with other people face to face.

The DWP got the law wrong in relation to two descriptors:

b. Needs prompting to be able to engage with other people. 2 points.

c. Needs social support to be able to engage with other people. 4 points.

If the support a claimant needs consisted just of prompting, then the DWP argued it was only worth 2 points, regardless of who gave it.

However, in a case known as MM, the Supreme Court decided that where the prompting needs to be given by someone ‘trained or experienced in assisting people to engage in social situations’, then it may count as social support and score 4 points.

The DWP also believed that social support has to be given during the social activity or immediately before it.

But, in the same case, the Supreme Court held that social support does not have to take place during or immediately before a social engagement, it could take place weeks before or even after the event.

This means that many people who got zero points for this activity will now be eligible for four points.

The review of cases relates to decisions from 6 April 2016, when the case was decided, to 16 September 2020 when the DWP began following the correct rules.

The DWP say that they have identified 326,000 review cases relating to the 9(b) group.  These are primarily cases where the claimant scored 2 points for prompting when they may have been entitled to 4 points for social support.

However, the DWP admit that they are unable to identify claimants affected by the timing of support issue, who may have received support well in advance of a social engagement but scored no points because the DWP got the law wrong.  These claimants will need to contact the DWP themselves if they wish to be considered.

Reviews of cases started in September 2021.  The DWP say they have prioritised reviews for terminally ill and recently deceased claimants.

In the following two years, they have dealt with just 79,000 cases with almost a quarter of a million left to examine.

At present rates it will take the DWP over six years to complete its review of the outstanding 247,000 cases, although the department claims it will be completed in just another two years.

But there may also be thousands of cases that relate to timing or that the DWP have simply failed to identify.

More than one in five claimants who have been reviewed have received a back payment.

So far, around 14,000 payments have been made to claimants, totalling £74 million..

Overall, the average payment is around £5,285 per claimant.

We have covered this issue extensively in the past. 

Benefits and Work members can download the following resources from the PIP guides page.

Engaging with other people review guide
A six page guide to who may be affected by the review and what to do if you think you are.

Sample letters
Sample letters for people who think they may be affected by the DWP's error in assessing people who have difficulties engaging with other people.

Video explainer
A 7 minute video explaining who may be affected by the review and what to do if you think you are.

Video transcript
A transcript of the video.

DWP Memo
A 5 page memo issued by the DWP on the subject of the changes to the law.

You can read the DWP’s progress report on the administrative exercise for MM.

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  • Thank you for your comment. Comments are moderated before being published.
    · 5 months ago
    I received a letter and called them with the help of my husband they said my answers was being forwarded to a decision maker and I will have an answer with in 10 days but they did ask if I was awarded did I want it all at once or in separate payments was any on else asked this 
    And how long after phone call did anyone else wait the full 10 days 
    Any help please as confused totally 
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      · 5 months ago
      @Nita Hi nita did you ask them to look into it ,if so how long did you wait.
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    · 6 months ago
    Hi just gave the number a call that a member put below thankyou for that ! 
    They have said I'm awaiting a case manager does wnybody know how long or what does this mean at all thankyou I did ask what year they was working on or was it alphabet order or random the man said its the luck of the draw who gets a case manager some quicker then others so defo not in date year order 
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    · 6 months ago
    Hi i am just hearing about this.... i have been on PIP since 2017 and was downgrade on my renewal in 2018, I have the standard rate in both categories, but wondering if i should be looking into this. My question is how do we approach DWP about this. Is there a template anyone can share? So i can write to them ? I have no clue what to write... who do you call if it is phone call only? Thank you for any info
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    Does being awarded  Feb 2021 come into the mm judgement please 
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    · 6 months ago
    I contacted pip this morning and the leap team I have been awarded descripter c but I'm one of the ones that don't benifit from it ,,,,,, to everyone waiting Goodluck and contact pip and ask for leap review ,,,, 
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      · 6 months ago
      @Emma Thanks for your reply Emma.im glad you've got the award you wanted now.
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Angela Hi they said my points didn't qualify for some reason but I'm thankful for what I have im now on enhanced both and on this award I was giving 10 points alone for the support question but back then I didn't get enough points to qualify , I was awarded descriptor c but not enough points to benifit from it I thought they looked at mine 2 quick tbh 2 missed calls on then 2nd may and the letter on the 9th 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Emma Hi Emma did i read you had 11 points before ? Did it not  take you past 12 points for enhanced rate ?.
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    I rung a few days ago was told I had a letter in January but I couldn’t recall the letter in question, she went through the letter with me over the phone, she then told me I would get a message saying it is taking 8 weeks but it’s actually taking up to 16 weeks, does this mean I’m going to get back payment? It’s from 2016 thanks in advance 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Julie Can anyone tell me if this means I might be having back money please? I always need someone with me normally my niece or my partner, I told them this on the phone but I haven’t had no text?
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Julie I didn’t receive any texts 
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    · 6 months ago
    I have called today after reading up, my claim is from 2019-now and I was told that i am down to be looked at but no time scale? Is anyone else on a similar time frame to me? I was awarded standard daily and 10 points overall however I cannot go out alone and should have been given the extra two points on q9 this would make me entitled to enhanced daily so am I owed a back pay? The woman was very nice in the phone and put down notes on my situation that I have to have my aunt with me to leave the house etc so the decision maker could see it but still no time frame? I’m wondering if anyone is in a similar situation? I’ve just had a baby so the money would really be life changing if they do owe me..
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Kayakac I phoned them this morning they said they are behind and at the moment they are dealing with 2017/2018 
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      · 6 months ago
      @Kayakac I’m needing the same advice kayakac
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Kayakac Hi I am. the same as you but my claims from 2017… I called up the first time to be told it could take up to the end of the year to be looked into…couple of weeks went past and I called up again and asked for my claim to be looked at again the lady ran through a few questions and told me I would get a message after I have put down the phone saying it will take 8 weeks to look at but to ignore this as it’s taking up to 15 weeks…yesterday morning I got another message saying they are looking into my case and it should be completed by the 2nd of July I will take this as a pinch of salt as I know this will probably take longer I am just thankful there looking at my case and i have got some acknowledgment try and give them another call if you feel up to it and ask them to look at you’re case as you know you are affected I feel like by me doing this it seems to have pushed them a little in moving quicker ☺️ hope this helps 
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    I had a missed call today my question do you get a call out of the blue or will they send a letter 
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    · 6 months ago
    I have had a message this morning saying my case is being looked into this should be completed by the 2nd July my claim is from 2017 
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      · 4 months ago
      @Gaga. I still haven’t heard anything I called up last week they said it could take another 7 weeks from the date they text me which was 2nd July so the wait continues I will keep updated if or when I hear 
    • Thank you for your comment. Comments are moderated before being published.
      · 4 months ago
      @Bkaaag Hi can I ask did you get a reply  yet
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Angela No problem I am glad that it’s helped I called up on the 7th of may and asked them to look at my claim as I think I am affected the lady asked me a few questions and said she will pass it through to be checked as I have been flagged as soon as I put the phone down I got a text saying we are looking into you’re claim it will take 8 weeks but the lady on the phone did say beforehand that I would get this message and to ignore it as it could take up to 15 weeks but then this morning they text saying it should be completed by the 2nd of July I am not going to hold my breath as I think these messages are just a guide I do assume they will take longer then what they have said and I will be sure to update whenever I hear anything else…. I have my fingers crossed that you do hear back very soon and it’s good news for you ☺️🤞
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Bkaaag Hi Bkaaag I just rang the phone number that you put on here and got straight through to someone who knows what happening so thanks for that.i have been waiting for eights weeks already and he said it's about a 15 week wait and the texts are wrong.
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    I have had a message this morning saying they are looking into my case and this should be completed by 2nd July my claim is from 2017 
    • Thank you for your comment. Comments are moderated before being published.
      · 3 months ago
      @Bkaaag Are they still looking at 2016 because I haven't had anything from them , should I call or wait , 
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      · 6 months ago
      @Melanie I called them to look at my claim first before they sent me the text message but from previous comments I have read yes they will just call you out of the blue and ask you a couple of questions and tell you there and then on the phone if you’re entitled and how much apparently…it could be worth calling them back if you’re feeling up to it and don’t want to wait for them to call and tell them you have had a missed call and they should just go through the questions with you I would assume…I hope  this helps and sending you good luck 🤞 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Bkaaag Hi Bkaaag 
      Can I ask did they call you out of the blue or did you get a letter as I had a missed. Call and a message saying they will call again on the 4th June
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    I also forgot to let you know when they looked at my award and awarded me they dated 2016 2017 and 2018 they have stated I have therefore awarded you descriptor c on the mm v dwp, we have carried this descriptor through your current claim enhanced both , as I'm showing no signs of improvement but I've not heard how much backpay if any is due and when, my letter was dated the 9th of this month not the 4thi don't understand if im due anything or not  ,,,,,,,but good luck to anyone waiting hope you are all successfully 
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    I was awarded the mm v dwp award  descriptor c of the mm judgement on the 4th of this month and still awaiting backpayment if im due any 
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Emma Did u Get the backpay in the end. They told me 5 to 7 days 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Emma I was told by pip. I was not entitled to anything so went to court. The judge awarded me high rate daily living low rate mobility. As I was only on low rate, For daily living and mobility. So it was a shock When I was told from PIP. That they would have to backdate me 8000 pounds. And ESA would give me 4000 pounds back. That was from 2017. To 
       2018. So you will definitely be entitled to some back dated pay.

    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Emma I'm really sorry to hear that Emma.take care.
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Angela I spoke to pip and leap team this morning I have been awarded descripter c but however I don't benifit from it so no backpayment for me , but goodluck to you and all that are still waiting hope your all successfull 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Angela Thankyou so much I did have 3 missed calls then a letter a few days later im phoning the number @bkaaag put up instead and will try pip again tomorrow I will let you all know how it goes and hopefully it helps you all 
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    I sent my review forms back September 2023 still ain’t heard anything anyone else having this problem? Also the don’t look at the mm judgement when under review supposedly anyone else know if that’s true? 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Me It’s taking up to 12months they advised me this on phone. Not sure regards other I’m hoping they might as I’ve new information which would help get the enhanced 
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    Hi is this affecting the length of times reviews are taking ? I’ve been told can be up to a year seems a long time 
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    @angela , just wondering what number did you call 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Jackc I phoned the normal number but the guy I spoke to didn't know what I was talking about so he put the manager on the phone.
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    Update just spoke to pip.their going in date order so its fare to everyone because there's such an influx in enquiries.mine is being looked at its been 8 weeks they say it could take 16 weeks now.mines from 2016 i will keep you updated.
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    Can B&W please find out what is happening to the comments, I'm either getting none or ALL the comments, but none in date order, some from over a month ago which is obviously not for this article. Has something changed?
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    Can I please ask if anyone is aware how there going through everyone's claims by date order etc? I've been told there doing them In year order but also at Radom? 
  • Thank you for your comment. Comments are moderated before being published.
    · 6 months ago
    Had a phone call from them today - i am owed over £12k in backdated money!!
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Anj Hi I got this call Monday, how long did it take for u to get it in bank 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Anj That's amazing! Can I please ask what year your claim started? 
  • Thank you for your comment. Comments are moderated before being published.
    · 7 months ago
    Hi, I just called PIP and the girl told me that she can’t tell me anything about it because it’s completely separate team that deals with it, and gave me the “basically” talk about I might be selected or “like” not. She was as helpful as an ashtray on a motorbike.
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Bkaaag Thank you for posting this number I called and they told me i am down to be looked at but couldn’t tell me anything else my claim is from 2019 
    • Thank you for your comment. Comments are moderated before being published.
      · 7 months ago
      @Brian @Brian 😂😂 call this number this is where I got through to someone who actually knows what there talking about  08001216579 hope this helps and you get the information you need 

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