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Telephone Decision & Back Payment

paulus

I am having a Telephone PIP Appeal hearing, my first question is..Will i be told the Decision whilst on the telephone? Next question..I lodged my Appeal back on Dec 17th 2017 and awaiting a date for my telephone hearing in Feb 2019, will i get my back payment from Dec 2017 if i am successful? TYIA

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Comments

steve51

Hi @paulus

Good Evening & Welcome.

We have got some info on “pip” on here & I have posted 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=Pip

They won’t be able to give you a decision on the day!!!!!!

If the things go your way then they will give you the payments back!!!!!

I hope that this is ok for you????

@steve51

paulus

Hi Steve..Thank You for your reply..So are you saying that from the date that i put on my Tribunal Appeal is the date from which i will get any back payment?..or...Will the back payment be paid to me from when the Tribunal recieve my Appeal papers?

poppy123456

Hi,

Not everyone receives a decision on the day, sometimes people have to wait. If this happens then they'll write to you within a few days with the decision.

Any back dated money owed will be paid from the date of the original decision and not from when you requested the Tribunal.

paulus

Aaah, i was on the understanding that if the DWP stopped ones PIP and like myself has to re apply via an tribunal Appeal, then if you win that appeal then you get all the back payments from when u lodge the appealed. I know when i first got PIP in 2016 i lodged it and after nearly 4 months my appeal got heard and i won and i got those 4 months back payment BUT because this time its going to be 14 months before my Hearing i'm wondering if there is a limit on how far any payments can be back dated, or whether there is no actual limit.

poppy123456

There's no time limit, backlogs are huge in most areas and a lot of people are waiting a year or more. It can take 8 weeks to paid back dated money after a Tribunal win.

paulus

So Poppy what we are saying is, that in any event i will get any back pay from the date when the Tribunal Service recieved my Appeal Form & any additional medical evidence that i send in with that Form?...Thank You for your response's..Paul

DavidJohn1984

@paulus

sorry to jump on your post,

how did did you manage to get a telephone hearing?

i didn’t realise that was an option?

paulus

Its ok David...those are the options..'Face-To-Face' Hearing..A 'Paper' Hearing..And a 'Telephone' hearing...I suffer from Agoraphobia hence why opted for the Telephone Hearing...Before, i done a 'Paper' hearing and won.

DavidJohn1984

@paulus

Thank you for that.

Do they give you an option when it comes to the tribunal?

I was just told mine was 11 weeks away.

I suffer with stress induced Vomiting.

So a different option to attendance would be great if they gave me that.

I wish you all the best!!

This will be my first Tribunal and i’m so nervous.

paulus

yes they gave me the option to Attend or a Paper hearing, then i told them about my agoraphobia and thats when i was told that i could have a telephone hearing...i've been waiting 13 month now....Dont be worried about it because this Panel who decide ARE NOT on the DWP's side...My first PIP award was by the Tribunal and i put my trust in them and went for the Paper Appeal...I was only going for and expecting to win by getting the Basic Daily Living and nothing on the Disability component BUT i ended up getting Enhanced on the Daily Living and Basic on the Disability component so the DWP really shot themselves in the foot...But this goes to show you that the Tribunal Hearing IS most definitely NOT on the DWP side and that they are neutral, so Dave STOP worrying..Paul

DavidJohn1984

Thanks @paulus

I’m going to try this.

If I have to go I will definitely go.

If they see me Vomiting it will definitely prove my co diction exists ???

poppy123456

paulus said:

So Poppy what we are saying is, that in any event i will get any back pay from the date when the Tribunal Service recieved my Appeal Form & any additional medical evidence that i send in with that Form?...Thank You for your response's..Paul

No, that's not what i said. If the Tribunal goes in your favour then you'll be backdated to the date of the original decision and not from when the Tribunal received your request.

paulus

sorry Poppy but that is not making sense to me..as what you are saying is that once a decision in your favour has been made there is no 'back dated' payment due except the few weeks it takes for the DWP to pay you...Yet i Appealed at first in Jan 2016 and got the decision in my favour in April 2016 and i recieved nearly 4 months back payment....can you see how i am confused?

poppy123456

paulus said:

sorry Poppy but that is not making sense to me..as what you are saying is that once a decision in your favour has been made there is no 'back dated' payment due except the few weeks it takes for the DWP to pay you...Yet i Appealed at first in Jan 2016 and got the decision in my favour in April 2016 and i recieved nearly 4 months back payment....can you see how i am confused?

First you say you appealed back in December 2017 and then you contradict yourself and say you appealed in Jan 2016. Can you please explain this?

Was the appeal in Jan 2016 for your first claim? then the appeal in Dec 2017 was a review of the first claim? If so then when was the decision made on the 2nd claim?

When i say original decision i meant the original decision of this current claim, not the first claim because i had no idea you had appealed the first decision.

I am having a Telephone PIP Appeal hearing, my first question is..Will i be told the Decision whilst on the telephone? Next question..I lodged my Appeal back on Dec 17th 2017 and awaiting a date for my telephone hearing in Feb 2019, will i get my back payment from Dec 2017 if i am successful? TYIA

paulus

2016 was when i first got my PIP by the Tribunal, this was for 18month, so in Dec 2017 the PIP expired and the DWP stopped it, i done a mandatory appeal and they gave me just basic mobility, whereas in 2016 i was awarded daily living enhanced and basic mobility by the tribunal..so i appealed to the tribunal in dec 2017 and expecting my hearing date in Feb 2019, 14 months later which means if i am successful then for these past 14 months i would have been entitled to PIP

poppy123456

It won't be backdated to the date of your first claim. It will be backdated to the date of the decision of your most recent claim (the one you're waiting for the Tribunal for)

When your PIP ended in Dec 2017 then you must have had another face to face assessment after it ended, or just before it ended. If you didn't then you wouldn't have anything to request the MR for.

paulus

no the Tribunal gave it to me for the 18month, and once it ended the DWP did not continue to give it to me so they stopped it, i then lost the Manatory DWP Appeal, so i then went to the Tribunal, which i am waiting for now..so if i win i will have 14 month back payment....because as i said, before i got the 4 month backpayment as it starts from when your Appeal is 'Lodged'...thats my understanding of it

poppy123456

Once your award ends it ends, it doesn't continue unless you're re-assessed. My advice is the same, you'll be backdated to the date your previous award ended, this will be the original decision on this claim. Not your last claim. You misunderstood me at the start. Good luck with the Tribunal.

paulus

Hi Poppy, so 'Yes' i will get the 14 month back payment, i just wasn't sure if there was some form of 'Capping' on how far the DWP or the Tribunal are prepared to pay one any 'Back Pay'....And i'm am feeling confident with a positive outcome. All the best to you

paulus

Spoke to the DWP and they have confirmed that any backpayment will be paid from the time the Tribunal Appeal papers are lodged by the Tribunal, in my case, that is the 22nd Jan 2018.