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PIP Review success & backpay question

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5 months 4 weeks ago #291879 by Dottie
Sometime around February 2023 I asked a question here about what could possibly happen with my PIP claim as I hadn't been contacted about a review or an extension and it should have ended that month as per the tribunals decision.

My review was triggered in June 2023 and I had my telephone assessment at the beginning of this month. The assessor recommended increasing from just Enhanced Mobility to including Enhanced Daily Living too which is great news and it seems like the DM agreed as I received a decision text and the automated service gives an adjusted amount that equals EM & EDL for the remainder of this four week period. I haven't received my decision letter yet however going by that amount being adjusted I'm assuming that the DM has gone with the standard procedure of awarding me from the decision date.

I wondered if there was a possible way of asking this to be reconsidered.
I ask because I had a surprise telephone call from who I assume was the DM where I was asked how long my condition had affected me in the ways presented in my assessment. I told them quite honestly that it had always been this way, with a small amount of decline in my general functionality over the last year due to a lack of medication and changing them up a fair bit. They brought up that my form had some answers that read "No change but..." and wondered if my restrictions had been as bad for the last year or so. I explained this was because my initial claim was severely held back by a lack of detail in the form and a poor assessment so when it then went to tribunal I was only awarded enhanced mobility because they couldn't consider any more new or detailed information for the daily living section especially.

This time around, however, I've tried to be as thorough as possible, building on what was put in my initial claim as I knew they would use that to review it, with a lot of help from my aunt and my mum. I also had a very good assessor who was lovely and wrote in a lot of detail about what we talked about.
I know this could be standard procedure but it feels weird to me that they would ask how long and then not arrange backpay, if that makes sense?

Also, I believe it was on here, during my initial claim, that I was advised I could put in a new claim while my initial one was going through the tribunal process and I did that, with much more detail than my first, however this was cancelled when my tribunal decision came through and I was told I would forfeit that decision if I went ahead with the other claim.

Using these points, is it possible that I'd be able to make the case for backpay from at the least the date they received my review form or my initial end date?

Thanks for any helps you can provide, I truly appreciate it!

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5 months 4 weeks ago #291917 by Gordon
Replied by Gordon on topic PIP Review success & backpay question
D

Yes, you can challenge the Effective Date of the Decision but I have to warn you that the success rate is quite low for this.

It's unfortunate you have referred back to your previous claim form and said "no change" on your latest one this has almost certainly disadvantaged you in asking for your latest award to be backdated, especially if the previous Decision was the result of a Tribunal Decision as I would not expect those reviewing you this time would have had any access to papers.

You need to request an MR, make sure it is clear you are only challenging the date of the Decision, not the actual award. You will need to provide your reasons for the MR and reference your evidence for an earlier date to be used.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 months 3 weeks ago #291932 by Dottie
Replied by Dottie on topic PIP Review success & backpay question
Thank you for your response!

Yeah, I had a feeling it would be a difficult thing to try, I just thought it would be worth an ask whether it's possible, thank you for confirming this for me.

I understand what you're saying, absolutely! I think it mostly came from a position of none of us expecting them to award me any more than what I already had, so while we went into a great amount of detail in each section, we definitely used those words, at least at the beginning of the answers. I know the assessor used my initial report to support her recommendations but I don't know whether anything from the tribunal was used, though it was paper based so I have no idea the content of it anyway.

I'll check the letter out when it arrives and see how I feel about it then.

Thanks again!

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