PIP, DLA and AA
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Secretary of state withdraws from upper tribunal but dwp pip person we have reclaim help

dodo76dodo76 Member Posts: 46 Courageous
edited July 2018 in PIP, DLA and AA
Hi all 
August 2016 told my partner would not be getting PIP after he was awarded DLA FOR LIFE  because he as lost his hypo awearness and need help to treat his hypo n keep an eye on him  24/7 .
Went to appeal in April 2017 won Appeal then had to wait on a statement of reason ,july Dwp were told they could appeal win but could not review win only look at points made under mangament of treatment  May 17th got letter saying Secretary of State intends to withdraw from upper tribunal , 21st of June S of state give notice of withdraw to our case ,30th of June we get later stating this news and told tribunal case closed 
Phone dwp to see what happi g with regaurds back payment only to be told no paper workfrom tribunal and that we should reclaim
We are confissed and stressed out after a 2 yr battle with them just the throught of having to reclaim stresses me out any helpor advice would be helpful 
Many thanks 

Replies

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @dodo76 thank you for sharing this with us today. I understand that this is a very stressful time for you and your partner. I hope the community are able to help and give some advice. In the meantime why not use the PIP self- test which may give you an idea about scores. However, please remember this is only an estimate and does not mean that an assessor would also give you that score. I wish you the very best of luck and if you need anything else then please let me know! 
    Community Partner
    Scope

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  • mikehughescqmikehughescq Member Posts: 5,989 Disability Gamechanger
    You won the appeal but to what date was PIP awarded? If the SoS has withdrawn then the tribunal decision stands and arrears should be paid. However, if for example, they only awarded for 1 year and you didn’t appeal that then that award could have expired and a new claim may be needed. There’s no backdating of PIP so the longer you take to address this the more money you could be missing out on. 
  • dodo76dodo76 Member Posts: 46 Courageous
    We were awarded PIP from august 2016 to august 2019 with all the messing around with the dwp apealing upper tribunal which had been waiting for for almost a year since dwp wear given the right to have treatment part looked at but now they have actually pulled there right to appeal we still have 13 months before we should have to reclaim as the first tribunal judge awarded it for three years  
    We personal cant face the throught of having to reclaim again after two years of stress and hardship mikehugescq 
  • mikehughescqmikehughescq Member Posts: 5,989 Disability Gamechanger
    Get support from a local advice agency with the form filling and make sure the claim pack makes an assertion as to why the award should be longer than 3 years. If you don’t ask for a longer award then generally they will award the shortest they can get away with. 
  • YadnadYadnad Posts: 2,856 Member
    dodo76 said:
    We were awarded PIP from august 2016 to august 2019...…….
    We personal cant face the throught of having to reclaim again after two years of stress and hardship


    I may be wrong, but you should be making a review claim between now and next month - they shorten the award by 12 months.

    I know exactly how you are feeling - been there myself. In fact the stress was so great that I just gave up.
  • YadnadYadnad Posts: 2,856 Member
    edited July 2018
    Get support from a local advice agency with the form filling and make sure the claim pack makes an assertion as to why the award should be longer than 3 years. If you don’t ask for a longer award then generally they will award the shortest they can get away with. 

    I agree Mike, but that may well be impossible as you know.
    I still don't like to hear what you say - it is not right, not right at all that the DWP should be allowed to give the shortest award that they can get away with - the length of the award should always be based on evidence of expectation of change.
  • dodo76dodo76 Member Posts: 46 Courageous
    How can they shorten hus award by a year  surely they should have told us before hand and then there is the matter of all the back money they owe my partner 2 yrs after all it there fault ti start with  i am so so mad and stress over the whole issues with the dwp 
    Trust me we will not be letting this go guys 
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