PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

PIP Back Payment After Tribunal Success

BorderlionBorderlion Member Posts: 3 Listener
edited November 2018 in PIP, DLA and AA
Hello Everyone,
I’m not sure whether this post is going to the right place, so apologies if not, I’ve just joined the community 👋 

I have a question about money owed if anyone has any idea.

My DLA payments stopped on 19th September 2017 and I received a letter from the DWP telling me I had to apply for PIP which I did and like so many of you, was promptly and unsurprisingly turned down.  The mandatory reconsideration was also refused so I launched an appeal.

So, the 28th October 2018! was my Tribunal date, I attended and the judge and panel decided to overturn the DWP’s decision.

im wondering how this all now works in terms of what I am owed.  I’m confused as on some forums I’m reading that I will not receive back stated payments from my original claim.

does anyone know?

Thank you for taking the time to read this.

BL
Bex

Replies

  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @Borderlion

    Welcome to our online community/family 

    It’s great to see that you got the “DWP” to back down on their original claim 👍👍

    We have got some very useful info “PIP”
    & I will post a link below for you.

     https://search.scope.org.uk/s/redirect?collection=scope-meta&url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fpip&index_url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fpip&auth=OdCmUepX8Eu01lD6Q10Fhg&profile=_default&rank=1&query=Personal+Independence+Payment+%28PIP%29

    Please please let me know if you require any further info????
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    You should receive payment from the date of your PIP aplication. It can take 8 weeks from the date of the tribunal decision for payment to start. It is worth ringing DWP to make sure they have a copy of the decision
    Be all you can be, make  every day count. Namaste
  • BorderlionBorderlion Member Posts: 3 Listener
    Thank you SO SO much for your advice.  I really appreciate it.  I’m so paranoid about calling them because I don’t want to set off a process where they apply for a statement of reasons.  I now have an added skin condition due to the enormous stress this all evokes as I know everyone here feels.  I just can’t settle even though the panel at my Tribunal really couldn’t have been more sympathetic, and my claim is on mental health grounds.  I hit the jack pot with mental I’ll health and multiple diagnoses.

    My advice to anyone would be to attend an oral hearing.  It is one of the most stressful things you will ever have to do, but it is better for the judge and the doctor to see you and be able to ask you questions. They are impartial so they are not there to trip you up or trick you.  

    Also, I would take someone with you.  My partner went with mess he is also my career.  He was allowed to speak at the end as well.

    Get as much evidence as you can, even diary entries count as evidence.  Facebook posts about how you were feeling on a particular day, GP letters, appointment letters, letters from work ANYTHING you can think of to back you up.

    When we came out of the court room and I had stopped crying, I sat down for a while as I was shaking so badly.  I started to get angry as I wondered how much the whole of this process had cost, just for me to get from my PIP application to the Tribunal.  Then I came here reading hundreds of other cases...it beggars belief that this is happening at all!  Millions upon millions of £’s wasted.

    ill stop there before this turns in to a rant.

    PLEASE, DON’T GIVE UP!

    Thats what the DWP want you to do because the process is so damned cruel, but if you are ENTITLED to the money you HAVE to FIGHT.  It makes me so sad to say that.
    Bex
  • Fireantguy22Fireantguy22 Member Posts: 33 Courageous
    Hello Everyone,
    I’m not sure whether this post is going to the right place, so apologies if not, I’ve just joined the community 👋 

    I have a question about money owed if anyone has any idea.

    My DLA payments stopped on 19th September 2017 and I received a letter from the DWP telling me I had to apply for PIP which I did and like so many of you, was promptly and unsurprisingly turned down.  The mandatory reconsideration was also refused so I launched an appeal.

    So, the 28th October 2018! was my Tribunal date, I attended and the judge and panel decided to overturn the DWP’s decision.

    im wondering how this all now works in terms of what I am owed.  I’m confused as on some forums I’m reading that I will not receive back stated payments from my original claim.

    does anyone know?

    Thank you for taking the time to read this.

    BL
    So happy for you.i got my awards letter on Friday after 6 weeks and I got 0 points for my very bad mental health severe ocd and anxiety.i am busy writing out a appeal,is this what is classed as the m r ?any advice be grateful.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello Fireantguy22

    Yes, the first challenge to a PIP decision is called a Mandatory Reconsideration (MR).

    An MR must be lodged within 1 month of the date of the PIP decision letter.  The letter needs to state that you are requesting a MR, and the date of the decision you are challenging.  Also put your national insurance number on the letter as the PIP reference.  Finally, you need to say why you disagree with the decision.  

    It is worth detailing which PIP descriptor is relevant and why in your MR request.  Remember you need at least 8 points to get PIP.  If you have any supporting medical evidence e.g. GP letter, CPN or psychiatrist letter this can also be sent to PIP.  You do not however have to send medical evidence, but it can help your case, as long as the medical evidence is relevant e.g. supports your case in relation to the PIP descriptors. BUT, do not delay  sending in your PIP MR request to add medical evidence, as evidence can always be sent after the MR is made and before PIP make a decision. 

    I have put a link to the PIP descriptors:

    https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf

    Good luck

    Maria


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Fireantguy22Fireantguy22 Member Posts: 33 Courageous
    Thank you Maria for you help,I have wrote out my m r letter and I need to get it typed up and I am going g to see if I can get any evidence to go with it,many thanks

  • BorderlionBorderlion Member Posts: 3 Listener
    Sorry for the late response.  I didn’t have any supporting evidence when I sent in my MR letter.  I started to gather this afterwards.  I found the whole situation so stressful that I had to do it at my own pace, it was too much pressure to try and collect everything on one month with the MR.  I was of course awarded around 2 points I think it was from the MR which was very upsetting.

    if your MR comes back and is not what you think is correct, I would say go straight to appeal because mental health is no different to physical health and it’s about time that the powers that be recognised this.  I think the courts are certainly more sympathetic but I wish you every success with your MR.  I really hope they give you what you are entitled to.
    Bex
Sign in or join us to comment.