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Sdp backdated????

kami24
kami24 Member Posts: 402 Pioneering
If you win a pip appeal and were on pip and the sdp before but lost it before the appeal as pip stopped will pip and sdp be both backdated to the time it says you are entitled to pip what the court has now said because you won!?? Very confused by it all 

Comments

  • poppy123456
    poppy123456 Member Posts: 29,441 Disability Gamechanger
    Hi,

    If you have a daily living award of PIP then yes it can be backdated to the date it stopped, providing you still claim ESA, JSA or Income Support and you still live alone or classed as living alone. You will have to apply for it again by ringing which ever means tested benefit you claim. Once the DWP have sent you the PIP award letter.
  • kami24
    kami24 Member Posts: 402 Pioneering
    edited October 2018
    Do I send the court papers what states pip entitlements on or do I wait for letter through the post from dwp about pip award? Do I send this or scan this to St. Austell jobseeker plus or to a different handling site??? 
  • poppy123456
    poppy123456 Member Posts: 29,441 Disability Gamechanger
    You don't do anything but wait for DWP to send you the award letter. HMCTS send everything to DWP.  DWP have the same chance we do to appeal the decision and they have 28 days to request the statement of reasons and record of proceedings from HMCTS.  From there they must find an error in law in making the decision, if they don't find this they can't appeal to UTT.

    Backdated payments can takes 2-8 weeks, sometimes more and there's nothing you can do but wait.
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Hi see im seeing if they would back date sdp because wen I spit up with my ex I started a claim then esa that was in 20014 then in 20016 my brother became my career so it’s the 2years gap wen I was claiming esa I never had sdp so do anyone now if I would get it back dated thanks for reading c
  • poppy123456
    poppy123456 Member Posts: 29,441 Disability Gamechanger
    Lisa1985 said:
    Hi see im seeing if they would back date sdp because wen I spit up with my ex I started a claim then esa that was in 20014 then in 20016 my brother became my career so it’s the 2years gap wen I was claiming esa I never had sdp so do anyone now if I would get it back dated thanks for reading c
    @Lisa1985 As i keep advising you, you need to ring ESA and apply for it. It won't automatically be awarded to you from that time. Have you rang them yet?
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Yes I’m waiting for a esa3 to come x
  • poppy123456
    poppy123456 Member Posts: 29,441 Disability Gamechanger
    Lisa1985 said:
    Yes I’m waiting for a esa3 to come x
    You're already claiming Income Related ESA, so that's not the correct form you need. To apply for SDP from the time you think you qualified then you'll need to ask for the IS10 form and NOT the ESA3 form.
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Ok Poppy thanks 
  • kami24
    kami24 Member Posts: 402 Pioneering
    you could possibly get a back dated but you would have had to have lived alone or not claimed carers allowance and no person living with you unless they are also disabled. might be worth ringing if you are currently claiming ESA

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