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Reapplied for PIP after initial rejection, can I get the award backdated further?

mbeckett

Hi,

I helped my sister apply for PIP around 2 years ago, after 18 months of back and forth letters and waiting for a tribunal, we decided to just start over. This time they have awarded her the enhanced daily living payment and the standard mobility payment so she gets £549 every 4 weeks. She got a backdating payment of £1882 to go back to this second application.

Is there any way to get this backdated further, to the date of the original rejected application?

Thanks,

Maisie

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Comments

Amaya_Ringo

Iirc they will only count it from your second application, because to them it's a completely new claim. The old one would no longer be valid as you decided not to pursue it through appeal to tribunal.

Basically to the DWP each new claim seems to count on its own.

luvpink

@mbeckett

Well done for persevering and very pleased to hear your sister got awarded.

poppy123456

What happened with the Tribunal for the first claim?

mbeckett

https://forum.scope.org.uk/discussion/comment/937490#Comment_937490

We were waiting ages for the tribunal date and it was making my sister incredibly anxious.

Albus_Alumni

Hey @mbeckett and welcome!

Congratulations on the award! As others have said, unfortunately they'll only backdate to the start of the current claim. Previous attempts will not be valid for backpay.

poppy123456

https://forum.scope.org.uk/discussion/comment/937498#Comment_937498

Had she continued with that hearing and been awarded it would have been from the start of that actually claim.

alasalaamaa

I applied for PIP on 02/02/2021 and my application was rejected. I then asked for Mandatory Reconsideration and it was refused. I appealed to the FTT for the DWP decision to be set aside and it was refused. I then appealed to the UT and they said I did not satisfied their Procedures and rules for setting aside a decision. I then went to South West London Law Centre and they said since I don't have the money for legal fees yet to take this case further to the Court of Appeals yet, I should make a new application for PIP. I applied for PIP on 23/07/2024 and my application was again rejected on 01/11/2024. I then went to Lambeth and Merton Citizen Advice Bureau and they wrote a Mandatory reconsideration letter on my behalf to the DWP. The DWP contacted me on 13/01/2025, saying that they a looking back into my case and will contact me within 15 weeks. If this my second application is successful after this mandatory reconsideration, will the DWP backdate my payment from the first application date.

Kimi87

No it will be to the date of your second application, because that is treated as a new claim.

Jimm_Alumni

Hi @alasalaamaa, welcome to the Scope online community 😊 They will only backdate it to the date of the second application as @Kimmy87 has said.

Best of luck with your Mandatory Reconsideration and even if it doesn't go well I hope with the help of the Citizen's Advice Bureau supporting you that your tribunal will go better than the first application.

alasalaamaa

So if I succeed on this second application, will the Upper Tribunal accept my application for Judicial review for the first application which they said it is the FTT who should have done the setting aside of the DWP decision. So if I won the Judicial review my payment will be backdated from the date of the first application.

poppy123456

https://forum.scope.org.uk/discussion/comment/977126#Comment_977126

If you're eventually awarded for your first PIP claim because you started a new claim you've created a closed period, therefore that first claim will be paid from the date you started that claim up until the date you started your 2nd claim. This new decision now overrules that first claim decision.

alasalaamaa

I am now waiting for the DWP decision for my Mandatory reconsideration. They contacted me on 13/01/2025 and they said they will look again at their recent PIP decision. They said they will contact me within 15 weeks. I applied and wrote the first mandatory reconsideration by myself and it was refused. I then fill in the second application myself and it was refused. Now because I went to CAB they have taken my problems with daily serious. What I have found out is if you don't go through Public bodies, your application will not be successful.

Many thanks.

poppy123456

You said.. What I have found out is if you don't go through Public bodies, your application will not be successful.

That's just not true at all. There's many people who claim PIP without any help and support and are successfully awarded. There's also many people that go through the Tribunal process without any expert help and advice and go from zero points and no award to Enhanced for both parts.

15 weeks is the timescale for the MR decision and them contacting you to tell you that is standard process. Most MR decisions remain the same and only about 22% of MR decisions change in the claimants favour. If that happens you can start the Tribunal process again for this claim.