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PIP FTT Apoeal

alasalaamaa

I have appealed to the DWP for my PIP Mandatory recons refusal that I scored points for the daily living activities of taking nutrition 2 points, communicating verbally 2 points, reading and understanding signs, symbols and words 2 points, and also engaging with other people face to face 2 points, because I used false teeths which is a prosthetic aid or appliance. So in total I should score 8 points to qualify me for the standard rate of daily living. The DWP decision maker rang me and said she might change the decision, because I made a 1st application on 02/02/2021 and I was refused. After appealing to the FTT, UT and CoA my application was still refused. Since I can't get free legal representation or the funds to pay for legal representation, I then made a new application on 27/07/2024. Now will the DWP backdate my PIP or just award me for the 2nd application. I have suffered a lot, because the UC money I am getting is not enough for me to live on and I can't work until my teeths are repaired. The CICA said since I have got the LCW for my loss of earnings, they still need my award for PIP before I can be awarded for loss of earnings compensation according to paragraph 42 and 43 of the 2012 CICA scheme.

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Comments

alasalaamaa

I am waiting for answers

alasalaamaa

Kimi87

Any award would date from your second application.

Albus_Alumni

Hi @alasalaamaa You'd only get payments backdated if the new application is awarded. The previous application would not come into play, as you were declined by all tribunals and the DWP.

alasalaamaa

So what will happen with the 1st application, can I the previous case for it further.

Albus_Alumni

Unfortunately the first application is finished now, as the Court of Appeal is the highest you can take it and they agreed with the DWP.

rubin16

You could keep applying for PIP till the sky turns green, but your not going to get it for dental issues, also even if you were or some way could be awarded for dental issues (which is highly unlikely) you still don't score enough points for an award, it is very rare for a person to achieve the points they think they have.

To answer your question, no they won't backdate it from your 1st application, now you have made a second application the first application isn't applicable and your new application is treated as a brand new claim. They will only backdate you from your 2nd/most recent application.

alasalaamaa

So why is the DWP giving me PIP daily living now when they should have it for the 1st application and my conditions is still the same. This is just Procedural impropriety by the FTT, because the UT said it is the FTT who should have reconsider the decision in relation to the new medical evidence and a DWP representative was absent during the hearing.

Albus_Alumni

AS said, we'd be unable to say why they made the decisions, but the CoAs say is final. If the FTT was asked by the UT to reconsider and they decided it was still a no, I'm afraid there's no further action that can be taken.

Forgive me as I'm a bit confused, but are you already receiving a PIP award? Because if so, you'd not be able to apply whilst an award is already ongoing.

alasalaamaa

I was attacked in 2014 and my lower jawbone was fractured and I lost front and back teeth. I then started using false teeth to aid my eating and talking. Now I talk fast and can only be prompted to talk to people. According to the Social security ( PIP) regulations 2 and 4(2), will I score points for taking nutrition - 2points, because I use false teeth to eat, communicating verbally - 2points, because I use false teeth to talk, reading signs and symbols - 2points, because I use false teeth, and also engaging with people - 2points, because unless I am prompted before I can talk to people. Will I score the 8 points to get the award of standard rate for daily living, because false teeth is an aid or appliance which is a prosthetic.

alasalaamaa

False teeths are prosthetic aid for eating and talking, so I should score points according to the PIP regulations.

sj2025

not trying to be rude but how does wearing false teeth affect you being able to read signs and symbols?

alasalaamaa

When I read signs and symbols my speech is slurry unless I read aloud. Since I had this attack and started wearing false teeth I can't eat or talk properly, because I don't have my natural teeths again. Only through dental implants will I regain my confidence and started eating and talking properly back.

MadMilan2019

You need to get help from

your local Citizens Advice Bureau, email a Q to them , help to claim UC, and advice, Disability Rights Handbook, please Google Disability Rights UK, and Mind Legal Unit, and Mind Benefits Campaign.

Yu are going through great stress, so look after yourself, use your friends, make more friends, go out to enjoy yourself when you can, be kind to yourself, go for a walk off the stress, Google local meditation and mindfulness and yoga with your postcode.

GOOD LUCK.

Do not give up, no matter what!

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