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JUDGE AWARDED FROM DIFFERENT DATE

Andy1234Andy1234 Member Posts: 25 Connected
My Fiancee won her appeal in court some time ago for her PIP claim after scoring 0 points at assessment then getting over 20 points in court, however the judge backdated it to the date our mandatory consideration was refused rather than the date we originally applied some 12 weeks earlier. This was some time ago now but it has always bugged me as I fell she is nearly £1800 pounds out of pocket.

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @Andy1234   Sorry to hear this.

    I am one of the team of Community Champions. We support members.

    Please if I can tag my friend @poppy123456 a member of our team may be able to explain to you anything you need to know.

    Lady has exceptional knowledge of problems and queries like this.

    Please be in touch soon.

    Please take care.

    @thespiceman
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  • Andy1234Andy1234 Member Posts: 25 Connected
  • skullcapskullcap Posts: 172 Member
    Not being an expert in everything benefits wise, but I have never heard of this happening.
    The decision of the tribunal stands in place of the original DWP decision to make no award. Thus the award made by the Tribunal should be from the date of the claim.
    Maybe someone can confirm this please? 
  • Andy1234Andy1234 Member Posts: 25 Connected
    I have read on another website called yourable.com that this was quite common, however all the comments are from 2014. Just to be clear we claimed over the phone at the start of September 2017 and the appeal was in December 2018 when the judge awarded the highest rates of both elements backdated to 17th November 2017. So I know this was along time ago but I thought you were meant to get paid from the date of first phone call.
  • mikehughescqmikehughescq Member Posts: 6,637 Disability Gamechanger
    I think we’d need to know a lot more of the facts of the case before commenting with any purpose.
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