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Leap and backdating.
- Seahorse24
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4 years 1 week ago #258516 by Seahorse24
Leap and backdating. was created by Seahorse24
Hi there,I wonder if you could help
I was awarded enhanced mobility in December 2020 on the grounds of needing accompaniment when out,even on familiar jouneys.
Prior to this when I first crossed over from dla to pip in 2018,I only got standard rate,on the grounds of not going out,even though I put exactly the same as in my review about needing accompaniment.I know back in 2018 the high court rulings had not been passed-but my question is ,should the enhanced mobility not have been backdated to 2018,or can this only be done via the Leap exercise?Also now I am on enhanced,will I be exempt from Leap anyway? Thankyou for your help and all you do.
I was awarded enhanced mobility in December 2020 on the grounds of needing accompaniment when out,even on familiar jouneys.
Prior to this when I first crossed over from dla to pip in 2018,I only got standard rate,on the grounds of not going out,even though I put exactly the same as in my review about needing accompaniment.I know back in 2018 the high court rulings had not been passed-but my question is ,should the enhanced mobility not have been backdated to 2018,or can this only be done via the Leap exercise?Also now I am on enhanced,will I be exempt from Leap anyway? Thankyou for your help and all you do.
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- Gary
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4 years 6 days ago #258530 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Leap and backdating.
Hi lyn
In 2018 you should have asked for a MR on your mobility component. When you were assessed in 2020 you would have been assessed as you were then, and not as you were in 2018, therefore the award would not have been backdated to 2018.
The DWP are reviewing claims/awards from November 28 2016 for people who may have been entitled to mobility for overwhelming psychological distress that they suffered. This is an ongoing process. Claimants will receive a letter saying that either their claim has been looked at and either it remains the same or they will be awarded a back payment. We can't tell you whether you are eligible for this - only the DWP can.
www.gov.uk/government/publications/perso...rom-28-november-2016
Gary
In 2018 you should have asked for a MR on your mobility component. When you were assessed in 2020 you would have been assessed as you were then, and not as you were in 2018, therefore the award would not have been backdated to 2018.
The DWP are reviewing claims/awards from November 28 2016 for people who may have been entitled to mobility for overwhelming psychological distress that they suffered. This is an ongoing process. Claimants will receive a letter saying that either their claim has been looked at and either it remains the same or they will be awarded a back payment. We can't tell you whether you are eligible for this - only the DWP can.
www.gov.uk/government/publications/perso...rom-28-november-2016
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- DaintyDish
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4 years 6 days ago #258544 by DaintyDish
Replied by DaintyDish on topic Leap and backdating.
I received a LEAP letter back in 2018, but like a lot of people, I had no idea what it really was and that I could challenge the decision. I just took it as read, that I didn’t qualify under the changes to the law. Like many have said the letter gave no details of what criteria I was measured against. Would I still be able to appeal the decision after all this time? Thanks.
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- Gary
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4 years 5 days ago #258571 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Leap and backdating.
Hi DaintyDish
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work .
The maximum time to appeal a decision is 13 months. You can ask for an 'Any time review' if you believe there was an official error in which case the decision can go back to the beginning.
You may need help from a welfare rights organisation in your area; You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work .
The maximum time to appeal a decision is 13 months. You can ask for an 'Any time review' if you believe there was an official error in which case the decision can go back to the beginning.
You may need help from a welfare rights organisation in your area; You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: DaintyDish
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