Stopping.DLA because I failed to attend f2f - Page 2 — Scope | Disability forum
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Stopping.DLA because I failed to attend f2f

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  • cath61
    cath61 Community member Posts: 28 Listener
    Hi Tellytubbies
    i have phoned for my SOR they said it's still with Judge. 
    Also I've made official complaint to housing benefit because no one has looked into my housing benefit and I've got appointment with CAB. I've had no rent for 7 months, I've paid my rent with my pip and borrowed money as I don't want to lose my house as well as everything else. I've have now got to do DRO because of the amount of debt I'm in.
    not feeling very good.
    cath 
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hi Tellytubbies

    This is an unusual case and you might need to get f2f advice

    If I understand this correctly you have two claims.

    Your first claim was closed and is going to tribunal on Tuesday to decide whether you had good reason not to atted your f2f. If successful, this would normally reopen your claim and trigger a f2f assessment. If you are awarded PIP at that f2f it would be back dated to when your DLA stopped in March.

    The possible complication is your second claim


    You have now have had a f2f assessment on 23rd october  which you are waiting on the outcome. If successful, I think PIP is payable from when you sent in the form as it is a new claim.

    If your tribunal decides that you did have good reason for not attending all they can do is rule on the first claim and reopen that claim. You will then be required to attend a new f2f and a new decision

    The complication is the sequence of your f2f assessments.
    Normally the latest decision is the one that is in payment

    If this is correct then there are many complications and i think you should get trained advice from the Scope help line or CAB

    CR

     
    Be all you can be, make  every day count. Namaste
  • Tellytubbies
    Tellytubbies Community member Posts: 28 Connected
    Hi.cant.believe.i.have.to.go.through.two.face.to.face.it.s..doing.my.head.in.to.be.honest.so.more.or.less.what.if.i.am.lucky.enough.to.win.my.appeal.that.s.abig.IF.will.they.back.date.to.when.they.stopped.my.low.rate..or.from.time.my.form.was.filled.in.for.extra.help.as.i.really.dont.understand.the.system.of.pip.their.rules.are.different.from.old.one.i.was.told.to.seek.advice.before.you.try.for.extra.help.with.as.they.can.stop.it.all.together.its.best.to.wait.till.your.turn.comes.round.and.they.write.to.you.first.but.my.health.got.worst.months.before.i.filled.in.form.i.held.back.my.GP.asked.if.i.was.receiving.mobility.i.said.only.at.low.rate.she.prompted.me.to.act.i.have.lost.many.years.of.not.claiming.before.now.in.1999.i.felt.ill.and.could.nt.get.out.of.bed.i.had.to.shout.to.my.daughter.in.next.room.to.help.me.up.18 years.ago.last.week.so.i.have.suffered.in.silence.till.now.and.i.am.still.being.messed.about.how.long.can.this.journey.take.i.ask.myself.if.i.fail.then.i.can.say.at.least.i.tried.and.i.can.close.the.door.on.because.i.have.done.all.i.can.do.now.i.am.tired.but.thanks.everyone
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    The problem is this

    The tribunal can only rule on the decision that you are appealing,

    That decision was to close your claim because you didn't attend f2f.

    The only award the tribunal can make is to reopen your claim

    As you haven't had an assessment regarding your first claim, no award decision has been made so there is no award to back date

    For an award to be made on your first claim an assessment must be carried out either f2f or paperbased.

    Only when this is done and an award is made can it be back dated, this should be back dated to the day after your DLA ended.

    If you disagree with the award, you then have the right to MR and appeal again, this time you will be appealing the ammount of the award.

    If you go to tribunal this this time and are successful,  the award ammount should  again be back dated to the day after your DLA ended

    As I said, your second claim will complicate this considerably and you really should get trained advice

    CR
     
    Be all you can be, make  every day count. Namaste
  • Tellytubbies
    Tellytubbies Community member Posts: 28 Connected
    Got.atphone.call.yesterday.i.have.had.my.benefit.back.from.when.they.stopped.it.this.morning.got.a.letter.that.they.have.cancelled.the.appeal.they.have.changed.the.original.decission.but.no.mention.on.my.claim.for.pip.i.put.in.last.december.i.think.the.appeal.should.have.gone.ahead.dwp.cancelled.it.what.happens.next.the.home.visit.went.ok.i.got.standard.rate.but.will.i.get.anothet.letter.about.my.pip.claim.now.i.dont.know.no.mention.in.letter.only.saying.that.i.l.get.my.dla.backdated
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Without being able to see all of your paperwork it is very difficult to help

    It is a step in the right direction that you have got your benefit back.
     
    Are you now being paid PIP or has your DLA award been reinstated ?

    Do you have a decision letter with an award length on it ?

    Is it possible for you to get advice from CAB

    CR


    Be all you can be, make  every day count. Namaste
  • Tellytubbies
    Tellytubbies Community member Posts: 28 Connected
    Had tribunal hearing on Saturday 11/11 about my DLA backdated on Friday DWP sent me letter saying.the appeal have been cancelled it won't go ahead and that they are giving back my money from when it stopped in march not from when I filled in form in November as now I have moved over to pip there is different government taking over well today the tribunal sent me a letter saying that it went ahead without me I was devastated that DWP never told tribunal they awarded my backdated money till2022 .at standard rate I should have gone to hearing had my say and told them i.ve.had face to face but all went in my favour any way saying they were in wrong and that it will be backdated to when my DLA stopped not from when form went in it.wrong I could appeal I guess but I may lose what I .be.been already given.so be careful don't believe DWP they are sly.they waited till day before to let me know don't listen to DWP 
  • Tellytubbies
    Tellytubbies Community member Posts: 28 Connected
    I.have.been.to.CAB.in.past.and.they.gave.me.negative.help.best.work.for.yourself.they.ask.load.questions.but.not.on.subject.so.i.would.advise.not.to.go.to.them.i.have.found.my.MP.and.GP.are.best.help.you.can.have.on.your.side.and.work.and.get.all.evidence.yourself.it.paid.of.for.me.not.the.result.i.was.hoping.for.but.i.have.had.my.money.back.on.Standard.from.lower.i.was.hoping.it.was.from.last.november.

  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    Hi @Tellytubbies, thanks for the update.

    I'm glad you've had at least some resolution to the situation, even if the outcome wasn't what you were hoping for and your payments haven't been backdated to when you expected. If you do want to appeal and take things further, and would like any support or advice, just let us know! 
  • Tellytubbies
    Tellytubbies Community member Posts: 28 Connected
    They told me as I was getting DLA when I applied in Nov as change of my illness they can't pay pip while you are getting DLA at any rate looked at www.gov/hi and said same unless you suffered for three-months or more so I guess it.s right.they.are.ruleing.out DLA and bringing in pip who have new rules and don't like backdating money's owed they go from date your face to face assesment and not from when you asked for your claim to be looked at again we learn something every day thanks guys for all your support it.s nice knowing there is backup out there for us people who are new to system will keep you posted if I learn anymore

Brightness

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