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backdating PIP - how far back can we ask them to do it for?

fliss1958

Hello, I've had PIP full daily living since about 2015. I had no mobility at all. I had several reviews and then one this year, about Jan/Feb. They said I could no longer have any PIP, although my situation/condition had not changed.
I took it to mandatory consideration, still not awarded. So I went to appeal and they didn't even do the appeal. They decided to award me full PIP for both daily living and mobility.
They backdated this to April 2021 which was when I first filled in the review forms (two years nearly before they got to actually doing the review) and paid me a lump sum for all the mobility I've not had in that time. All good.
Then I thought, surely I should have had the mobility from 2015 as well? I was as bad then as I am now. So my question is, can I ask them to backdate it to 2015?
Is that possible

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Comments

chiarieds

Hi @fliss1958 - & welcome to the community. Unfortunately you only have up to 13 months to appeal a PIP decision, so the opportunity to do so about has long run out considering your 2015 decision. I'm pleased you now have a good award in place.

L_Volunteer

Hello @fliss1958. From what I am hearing, the payment has been backdated to when you filled out the form but not to when you started struggling with mobility. Am I hearing this right? It seems to be that they backdate to when you applied for support rather than when you first started struggling, I am afraid

Please don't hesitate to let us know if you have any further questions or if there's anything else we can do to help

fliss1958

Hi L_Volunteer, they backdated it to when I originally filled in the forms for reappraisal which was April 2021. I'd had full daily living up till then, but I'm thinking now that I was incorrectly assessed when I first claimed it in about 2015. I was as bad then as I am now. In March this year they took the daily living away so I did Mandatory Reconsideration (turned down) then an appeal (they didn't take it to appeal but awarded it to me without a tribunal) and added in the full mobility.
This is what makes me think I should have had the mobility from 2015. They clearly had got it totally wrong or they wouldn't have backdated it by two years for me to include the mobility for that long.
So I'm wondering if I dare ask them to backdate the mobility to 2015.

Jimm_Alumni

Hi @fliss1958. Welcome to the community! I'm glad you've already got some answers, I'm just popping in to say I'm moving this to the PIP category where it'll get better visibility among people with PIP knowledge.

If you'd like to make a new topic to introduce yourself in the "say hello!" category do feel free!

fliss1958

thank you Jimm_Scope!

Jimm_Alumni

Just going to add, you usually have to submit Mandatory Reconsideration within 1 month. Tribunals can often accept one up to 13 months after the decision, beyond that however is next to impossible to have it considered. I believe they backdated it 2 years in your case because that's when the review process began, even though it took so long for the review to actually happen. Someone can correct me if I am wrong on this.

I wish it wasn't so, I also got rejected several years ago for PIP when I was worse than I am now.

poppy123456

fliss1958 said:

Hi L_Volunteer, they backdated it to when I originally filled in the forms for reappraisal which was April 2021. I'd had full daily living up till then, but I'm thinking now that I was incorrectly assessed when I first claimed it in about 2015. I was as bad then as I am now. In March this year they took the daily living away so I did Mandatory Reconsideration (turned down) then an appeal (they didn't take it to appeal but awarded it to me without a tribunal) and added in the full mobility.
This is what makes me think I should have had the mobility from 2015. They clearly had got it totally wrong or they wouldn't have backdated it by two years for me to include the mobility for that long.
So I'm wondering if I dare ask them to backdate the mobility to 2015.

As has been advised, the time to challange that decision has now expired way past the maximum timeframe of 13 months. Once it's past that time, i'm afraid there's nothing at all you can do.