ptp tribunal advice please

mic67
mic67 Online Community Member Posts: 38 Listener
in Employment and Support Allowance (ESA)
Hi all, i had my pip tribunal today and won, i was so shocked i didnt ask any questions! does anyone know how long it takes until i start recieving pip and if its backpaid at all? i originally applied 15 months ago  many thanx 
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Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Hi,

    Great news. Backdated money can take 8 weeks. With it being so close to Christmas it's unlikely you'll receive any backdated money before.
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    Thankyou :)  how far back do they pay? i first applied 15 months ago  
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    From the date you first applied. If you already had an award, you'll be paid the difference between that and the new award.
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    Thankyou :)
  • worried33
    worried33 Online Community Member Posts: 1,009 Championing
    If it helps when I won my DLA tribunal I think I got the money within a month.  But with the time of the year, been what it is, I wouldnt expect it before 2019.
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    Thankyou :) i just dont know what to expect! i applied 15 months ago, when do they back pay from?  conflicting answers, some people say they dont backdate anymore many thanx
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    mic67 said:
    when do they back pay from? 
    As previously advised, it's from the date you applied. If you already have an award then you'll be paid the difference between that and the new award. This can take 8 weeks.
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    I hope thats the case :) i called cab who said they doubt it as they didnt think they backpaid anymore! Thankyou:) ive never claimed before this claim 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    I have no idea why you were told that by CAB because it's not true. Before the Tribunal, did you have a PIP award at all?
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    no 
    i applied 15 months ago and got zero points then won at tribunal, does that make a difference?  many thanx
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    mic67 said:
    no 
    i applied 15 months ago and got zero points then won at tribunal, does that make a difference?  many thanx
    As previously advised you'll receive back dated money from the date you applied.
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    many thanks for your help :)
  • worried33
    worried33 Online Community Member Posts: 1,009 Championing
    Basically the tribunal changed the decision made by the DWP.

    Because they changed it, it means the decision applies for the entire claim period.  So yes it will be backdated.
  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    edited December 2018
    Hi mic67, 

    It is right to say that a PIP claim cannot be backdated as there are no backdating rules. 
    PIP will have to pay your claim from the date you applied, so poppy123456 is correct, but this isn't "backdating" in the true meaning of backdating within benefits law. It's just that they are paying your claim from your claim date, albeit 15 months ago. I don't know whether that is where you have misunderstood the CAB, or whether they were actually wrong in what they meant.

    Lee
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    Its possible i misunderstood! Thankyou so much for your help :)
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    i read today that even though i won at tribunal dwp can appeal this and i may not get pip?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Yes that's correct. They have as much chance to appeal the decision as we do. To do this they must first request the statement of reasons, once they receive this they must find an error in law. I really wouldn't worry. As advised payments can take 8 weeks so it'll be in the New year now that you'll receive your payment.
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    As always ...grateful for your help :)
  • mic67
    mic67 Online Community Member Posts: 38 Listener
    Hello again, its almost 4 weeks since my pip tribunal i won and ive heard absolutely nothing :( is this a bad sign? any help would be great :)
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    No, it doesn't mean anything. It's perfectly normal to wait 8 weeks for any backdated money owed. With Christmas and new year just gone the delays would be longer.

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