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Back Payment when PIP Appeal accepted

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6 years 5 months ago #198303 by Tita
I was on DLA and when I had to apply for PIP I failed the medical. I did the mandatory Reconsideration thing and that was declined and now I have appealed. My Appeal was accepted by the Court in August and I'm awaiting a date. My friend went through the same process but she said when the Court accepted her Appeal she had a back payment from when her benefit stopped. I mean when she got the letter saying it was accepted and she would get a date, not after the hearing when she won. She said I should get a back payment too. Is this right? I phoned up the DWP and asked when I would get it, they said I wouldn't. They said my friend wouldn't have had a back payment and that is not the way it works and its never been like that. I spoke to my friend and told her and she said she definitely got £1500 and the woman either wasn't trained and didn't know what she was talking about or she was lying! Can anyone tell me if my fiend is right or the lady from the DWP?

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6 years 5 months ago #198305 by Gordon
Replied by Gordon on topic Back Payment when PIP Appeal accepted
R

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I think that there have been some communication problems between all involved.

If you received no award for PIP and your Tribunal panel make one then it will be backdated to the day after DLA stopped.

What I think the DWP person was saying was that it would not be backdated to prior to your DLA stopping, which is correct.

Gordon

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

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6 years 5 months ago #198307 by Tita
Replied by Tita on topic Back Payment when PIP Appeal accepted
Thank you for your reply and telling me about the real name thing. However that isn't what I meant. My friend said that after the Court accepted her Appeal, she got a back payment from the day after DLA stopped like you say, but up until the date her Appeal was accepted. This is before she went to the Tribunal and the Panel decided in her favour. Just by them accepting to hear the appeal she got the money. Do you see what I mean? I've quizzed her on this and she is adamant this is the case and told me to write in this Forum so other people could assure me that this is the case.

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6 years 5 months ago #198308 by Gordon
Replied by Gordon on topic Back Payment when PIP Appeal accepted

Tita wrote: Thank you for your reply and telling me about the real name thing. However that isn't what I meant. My friend said that after the Court accepted her Appeal, she got a back payment from the day after DLA stopped like you say, but up until the date her Appeal was accepted. This is before she went to the Tribunal and the Panel decided in her favour. Just by them accepting to hear the appeal she got the money. Do you see what I mean? I've quizzed her on this and she is adamant this is the case and told me to write in this Forum so other people could assure me that this is the case.


This can happen for an ESA appeal, but does not happen a PIP appeal unless the person is in Northern Ireland where the rules are different.

Gordon

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

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6 years 5 months ago #198311 by Tita
Replied by Tita on topic Back Payment when PIP Appeal accepted
Thank you. I see. She isn't in Ireland. Thank you for your help.

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