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Is it worth pursuing an appeal for any back payment?

BambiBoozleBambiBoozle Member Posts: 6 Listener
edited July 2020 in PIP, DLA and AA
Hello everyone  <3 I have a PIP query. I was raised to enhanced mobility in February,  after a review. The reason for the change in circumstances was an operation I had 2 years previously, and which I had informed them of at the time. Is it worth pursuing an appeal for any back payment? I asked for a mandatory reconsideration, but they didn't even answer my question!! Thanks, stay safe lovely peeps xxx
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Replies

  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @BambiBoozle

    Good Evening & Welcome it’s great to meet you today 😃

    I am one of the Community Champion’s here at Scope.

    Well done yes it is well worth fighting your corner when it comes to “pip”

    You will find many members who have been through the same as you.

    Please please let me know if there’s anything that I can help you with getting around?? 

    @steve51


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  • BambiBoozleBambiBoozle Member Posts: 6 Listener
    Hi @steve51 , thank you so much for the warm welcome - it's lovely to meet you! With regards to the PIP,,  I wasn't sure what the rules were regarding back payments. I waited 2 months for my mandatory reconsideration and they didn't even answer my question - they must be taking a cue from Boris Johnson! Thanks again, and have a fab Friday xxx
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  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @BambiBoozle

    You are very very welcome 😃

    We have got some info on pip if that would help?????

    As as for Boris we had better not go there!!!!!!!’

    Have a good weekend and remember I am here if you need me!!!!!!!

    @steve51
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  • chiariedschiarieds Community champion Posts: 6,896 Disability Gamechanger
    Hi @BambiBoozle - welcome to the community. It sounds like you reported a change of circumstances & therefore had a new claim. When you mention you asked for a Mandatory Reconsideration, was this just by ringing, or did you follow this up with a written Mandatory Reconsideration?
    You mention you now have the enhanced rate for the mobility component, so were you hoping to query the daily living component, or the length of your award with a Mandatory Reconsideration?
    Apologies if I'm not understanding, but your replies to my queries might help regarding this. :)
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  • BambiBoozleBambiBoozle Member Posts: 6 Listener
    Hi @chiarieds , it's lovely to meet you! Thanks so much for taking the time to message. I previously had the standard rate for personal care, and the enhanced for mobility. After this was increased, I applied in writing, asking if the payment could be backdated as the change in my circumstances had been reported 2 years ago ( I had a second emergency surgery for Cauda Equina Syndrome. I recieved a response today, and they have assessed my claim without actually addressing my issue. I know I'm very lucky to have my award increased, it's just that the decision should have been made 2 years ago. Sorry for being somewhat confusing, I'm so grateful for your advice xxx
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  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @BambiBoozle

    Good Morning I do hope that you are having a good start to the day 😃😃😃

    I have found a post from a number of our current members that you may find useful??

    https://community.scope.org.uk/discussion/63605/pip-back-pay-rates

    Please let me know if you have any problems with it??
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  • BambiBoozleBambiBoozle Member Posts: 6 Listener
    Hi @steve51 , good morning to you too  :) Having a relaxed day so far, thank you! Hope the weekend is going well for you, and it's not too wet where you are. This was so helpful,  thanks Steve. I think I'm going to appeal, it's a point of principle. When I originally applied for PIP, I missed out on the enhanced rate by 1 point, and I really should have appealed it then, but I was scared. Have to bite the bullet this time, if only to prove I'm not a complete coward! Thanks again xxx
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  • chiariedschiarieds Community champion Posts: 6,896 Disability Gamechanger
    Hi @BambiBoozle - I'm sorry to read about your health condition, & the impact this has had. There's some info here which I hope may clarify. Please see: https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/you-want-to-change-your-dwp-benefit-decision-because-your-circumstances-have-changed/
    From the above, 'It’s important to tell the DWP about a change of circumstances as soon as you can or you may lose out on extra benefit if you’re entitled to it. You will only be paid from the date of the change if you tell the DWP within one month.'
    If you did inform them in writing within one month, then an option might be to get some local advice, see: https://advicelocal.uk/   to get help with this.



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  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @BambiBoozle

    Thanks, I do hope that you are having a good day😃

    Yes it’s going very dark here so it won’t be long before it rains.

    How’s the weather with you????

    Yes you need to appeal if you think that would help.

    We have got some good info on “pip”

    I can help you with anything that you need.

    @steve51
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  • BambiBoozleBambiBoozle Member Posts: 6 Listener
    Hi @chiarieds @steve51,  thank you both so very much for your support,  I really  appreciate it  :) It's more like October than July, here in Glasgow- typically glorious Scottish summer! Hope you're both well, have a lovely Sunday xxx
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  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @BambiBoozle

    You are very very welcome 😃😃

    @steve51
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  • mikehughescqmikehughescq Member Posts: 5,334 Disability Gamechanger
    I think there’s some confusion here. If you ask DWP to look at your decision again within one month of your original or subsequent award then that’s a mandatory reconsideration. If you’re outside the one month then you can do a late MR up to 13 months after the decision but you would need to spell out that it’s a late MR and explain why it’s late. If you’re outside the 13 months then MR is off the table. If a late MR `us refused then you have one month to appeal that but again can lodge a late appeal up to 13 months late.

    You can do a late MR of the February 2020 decision but as that’s a decision about how you are now it won’t help much. You’re well outside the 13 months for challenging a decision 2 years ago so that leaves you with the option of a supersession. The grounds for doing this are mostly around a change of circs and as you reported that at the time it’s unlikely you’ll get the chance to revisit it. It’s an issue I’d recommend you het advice on to ease your mind but I wouldn’t be especially optimistic that this is going to go anywhere.
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  • BambiBoozleBambiBoozle Member Posts: 6 Listener
    Hi @mikehughescq , thanks for this info, will definitely take some advice before putting myself through any further appeal. Take care xxx
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