PIP Appeal

alasalaamaa

I have won my 2nd PIP appeals to the FTT and it was backdated. So what will happen to my 1st application which I pursued through appeals to the FTT, UT, and Court of Appeals, will this 1st application also be backdated also if I asked for it.

Kimi87

Congratulations on your success.

Your first application is irrelevant as it was not successful and ended without an award after quite an exhaustive process.

The second application replaced it and is the only one that now matters.

DadOfOne

Congratulations on winning at the tribunal, that is a huge result after such a long fight.

On your question about the first application: the short answer is no, it cannot be backdated just by asking. Each PIP claim is treated as its own separate case, and backdating only happens when a claim ends in an award. The tribunal's backdating on your second application runs from the date of that second claim, so check the exact from and to dates on the tribunal's decision notice, because that is what DWP must pay. The first application went all the way through and ended without an award, so there is no award attached to it for anyone to backdate. Kimi87 is right that the second application is the one that matters now.

A couple of practical things worth doing:

1. Read the tribunal decision notice carefully. It should state the award period with start and end dates. That start date is the backdating date. If DWP's payment does not match it, that is what you query.

2. If your Court of Appeal case on the first application is genuinely still live rather than finished, that is a different situation, and you should get specialist advice from a welfare rights adviser before doing anything, because overlapping claims can interact in complicated ways. Do not assume anything either way from the forum alone.

3. Keep both sets of decision notices somewhere safe. Having the paper trail for the first claim can still be useful background if you ever need to show the history of your condition.

Having been through the special-needs assessment treadmill with my own family, I know how draining it is to fight the same battle more than once. You got the right result in the end, which is what counts. Well done.

yellowpineapple84

Hello :) Congratulations on winning this appeal, really positive after what I can believe was a stressful and daunting time 🙏🏼

Mary_Scope

This is great news @alasalaamaa! How are you feeling?😊

alasalaamaa

My first application that I took further from MR, FTT, UT, and CoA is still alive. I was supposed to asked for Judicial review, but Lawyers said I have to pay £1500 plus VAT upfront so that they can act on my behalf on a point of law for the 8 points I have been awarded in this my second application. Since I don't have the funds for the legal fees they said I have to make a new application which I did on 23/07/2024. On my second application, the CAB stated it on my grounds of appeal to the FTT, that they should not make the mistake they made in my first application, that's why I was awarded 8 points for the daily living activities of taking nutrition, communicating verbally, engaging with people face to face, and also reading and understanding symbols and signs. So now am thinking of asking the DWP about that 1st PIP application which was from 02/02/2021 to 17/07/2024. My 2nd application which I have got the PIP award was from 23/07/2024 to 08/10/2026. The DWP made the mistake of not awarding me the PIP award during my 1st application, so why they gave me the award now on my 2nd application. So they will have to backdate my 1st application also and I am going to contact a Welfare rights adviser about it.

Mary_Scope

Sounds like a good plan, I hope it goes well @alasalaamaa