Anyone know of any successful backpayment to a documented date of disability prior to claim date? — Scope | Disability forum
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Anyone know of any successful backpayment to a documented date of disability prior to claim date?

Johnkathp
Johnkathp Member Posts: 4 Listener
Have been disabled since 1975 when aged 17 following motorcycle accident. I was never informed by my GP or any Healthcare professionals or anyone in fact despite being registered disabled back then and my family knew nothing of the entitlement to DLA.
In 2008 having found I was redundant in claiming Job Seekers I was asked do I claim DLA, what is that I said?!Claim went in I was awarded the lower level but from the date of the claim. Appealed this on the basis that it should be back gated and it surely was the responsibility of the system and therefore the government, society if you wish to inform of and ensure receipt of the benefit. No, the rule is from date of claim it seems if I did not claim it is my fault.
Anyone know of any successful backdated to a documented date of disability prior to a claim date being awarded?




Comments

  • Liam_Alumni
    Liam_Alumni Scope alumni Posts: 1,105 Pioneering
    Hi @johnkathp,

    Welcome to Scope's online community! It's great to have you here.

    I've moved your post to our dedicated Talk about PIP/DLA category, where other members of our online community can get in touch if they have any experiences to share.

    If you have any other questions, then please do get in touch!
    Liam
  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,682 Disability Gamechanger
    Hi @Johnkathp I am sorry you didnt get any answers to this, I have moved it to the ask a benefits advisor category so I hope you can get some help.
    Scope
    Senior online community officer
  • Topkitten
    Topkitten Member Posts: 1,285 Pioneering
    My disability claim was backdated after I had it appealed twice to get a fair decision. However it was only back to the date of the successful claim date. I had 2 previous claims refused despite appeals and I was also informed by my GP that I had officially (in his opinion) been disabled for 2 years before my first claim attempt. This was for DLA not PIP and the rules were strict. I suspect it is even less likely under PIP.

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • Johnkathp
    Johnkathp Member Posts: 4 Listener
    OK Sam thank you. I am currently awaiting decision on PIP Entitlement having attended a one to one interview on 6th Sept. 
  • Nystagmite
    Nystagmite Member Posts: 603 Pioneering
    It only goes on the date you applied / phoned up for the form.
  • Johnkathp
    Johnkathp Member Posts: 4 Listener
    Thanks TK, I SUPPOSE THERE WOULDN'T BE MUCH CHANCE OF GETTING 33 YEARS DLA BACK DATED PAYMENTS WOULD THERE! My DLA they said could only be paid from the first application date. It seems then and now they mean First Successful Application, otherwise your own should have been from No1.


  • Topkitten
    Topkitten Member Posts: 1,285 Pioneering
    Yes Johnkathp, that's my understanding also. I will say though that ESA are even stricter. When my DLA was backdated 18 months the ESA team refused to even consider any backdated payments at all. I was so upset and disgusted that I didn't deal with it well and probably missed out on a chance by complaining, I just wanted to put it all behind me so I could sort out a car.

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • Johnkathp
    Johnkathp Member Posts: 4 Listener
    I have many views on the people employed within the system and the controls/restrictions employed by it; is the agenda handed down to save money at any cost, invalidate at the slightest reason. Where are the monies 'saved' being diverted to. How many decisions made would stand up in court? And how many are or might be actually described as discriminatory? Funny how so many millions go out of the UK on Foreign Aid, yet the needs within the Country are 'Penny Pinched'! You needed a Car, I've heard of people being funded for one to enable visits to other family members within the UK, so that they do not feel isolated. Others who apply are just turned away, one rule for all! Best not continue, but there is something intrinsically wrong with the system, giving to some, whilst denying others equally deserving.
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi Johnkathp,

    Just to confirm that a claim for a disability benefit can only be backdated to the date that you made that particular claim i.e. the date you phoned and requested the claim form. The law doesn't provide for any further backdating.
    No doubt the DWP would say it is your responsibility to seek advice about available services at the time you require them. 

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland

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