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PIP suspended because of Home Office

AlwaysHopeAlwaysHope Member Posts: 1 Listener
Hi everyone, this is my first post and I need help urgently. I am my partner's carer and he suffers from cervical spondylosis, bilateral shoulder pains and lower back pain and severe anxiety.
He was awarded PIP enhanced for both component back in December 2015 after review. (PIP started beginning 2014).

After few months, my partner received a call from the error and fraud team saying that they have received several call from Capita (Home Office's rep who is in charge to remove illegal people..) who informed them that my partner was unlawful in the Uk. So from that time my partner PIP was suspended until my partner can provide his immigration status. So for almost 2 years no more payments. His PIP was awarded until end of 2017.

Luckily, just before the end of the award, we received a confirmation that we are permanent resident and this is actually since 2011. As soon we had this confirmation, we sent it to PIP and they received it on the day of the end of the award. It has been for months that I tried to get the PIP reinstate and it was a struggle. After talking to different case manager, we have been told that the only way to get backpayment it was to start a fresh new claim. So we made a new claim at the beginning of this year.

In june my partner was awarded enhanced for daily living and standard for mobility but no backpayment. My partner has gone mad as he has been promised that he will get back his rights as soon as he got the Home office letter. We made a MR. After 6 weeks wait, I decided to call DWP. The woman called a case manager and then she told me nothing has changed, he will get the same award and they will send us the letter the same day. I received the MR decision letter (dated the day I called 2 days ago )today and the DM didnt mention any backdating payment, he agrees with original letter but change descriptor that have same point just to show that he has done something. He ignored the request of backdating the claim from the day of suspension. The MR letter seems general, he doesnt give detail about my partner medical conditions. I compared it with the original letter and it is almost like a copy/paste letter, just added MR here or here.
I dont know what to do anymore. I fought it for more then 7 months. I have to appeal it but never done it before. And with my partner complicated case, I am worried that i wont win him his rights. Any advice would be appreciate it.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    You have 2 issues going on here. The claim for PIP that was suspended and the new PIP claim. A new claim won't get you backdated money from the first claim because it's a completely new claim and the previous claim ended in 2017. The new claim will only be backdated to the date he started the claim.

    For the claim that was suspended i'd contact my local MP and explain exactly what happened and see what they can do to help you. Contact them by putting your postcode into this link and emailing them. https://www.parliament.uk/mps-lords-and-offices/mps/ Or speak to your local CAB for further advice.

    For the new claim most MR decisions remain the same. Your next step is Tribunal and you have 1 month from the date of the decision to request this. Do this by filling out the SSCS1 form, you must send a copy of the MR decision letter with this form, if you don't they won't accept the appeal.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Tigermoth42Tigermoth42 Member Posts: 242 Pioneering
    Hi @AlwaysHope and welcome to the community.

    I’m so sorry to hear about you and your partners problems with PIP, sadly you’re not alone. As @poppy123456 says, you won’t get any backdated pay from the new claim but I would definitely take her advice and contact your local MP and talk to citizens advice in your area.

    I would start an appeal if you believe your partners new award to be incorrect, the forms are available online and are quite easy to fill out. You should have received two copies of the MR decision in order that you can send one in with the appeal. In the meantime, I would gather any medical evidence you can to support your appeal. This doesn’t need to be sent in straight away, so long as you’ve lodged the appeal you can send supporting letters later. The court will send your appeal to the DWP for them to respond. The DWP will then send you copies of their defence papers, this could well be a document running to 200+ pages but don’t be put off, this is standard. You can see how they’ve arrived at their initial decision and prepare your case accordingly. It may be that the DWP don’t defend the appeal, this has just happened to me and it’s been cancelled, so there is hope. Do keep us posted and, if I can help at all, please just ask. 
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