× Members

Backdated PIP benefit

More
5 years 7 months ago #217110 by danipatch
Backdated PIP benefit was created by danipatch
Is there anything I can do please I feel the government are robbing disabled people of their rightful benefit by not backdating fully to when PIP was awarded following removal and reinstatement?
I have disabling PTSD, osteoarthritis and fibromyalgia with all the problems associated.
I was awarded PIP in 2013, reassessment 2016, had PIP removed December 2nd 2016, went right up to Upper Tribunal who refused to look at it despite the fact there were several clear errors in law, (paperwork/evidence going missing, it and people promised to be there by the DWP not arriving at court etc, etc).

DWP advised me to put in "a new claim", which I reluctantly did, as I had no choice. This latter claim has now been been granted, at MR stage, (as ATOS, IAS, assessor dotted every box insinuating I can manage everything,) ( All points were removed by DWP, relying on assessors report) so PIP is reinstated but not fully backdated, as they have only gone back to the latter claim, ( November 2017), so I feel I have lost 11 months benefit, fighting for what is right even though they agree there have been points deducted where they should not have been! That together with losing 6 years of state pension, (can't retire now until I'm 66, I'm 62 now).

Please Log in or Create an account to join the conversation.

More
5 years 7 months ago #217116 by Gordon
Replied by Gordon on topic Backdated PIP benefit
Danpatch

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

I am not entirely sure of the dates involved, in particular when you made your new claim for PIP?

Are you trying to link the two claims, the new claim and the one that was refused in December 2016?

If there was an 11 month gap between your PIP award being removed and your making a new claim for PIP then I don't see any way to bridge this. You challenged the removal of your award all the way to the UTT and were found not to meet the criteria. The Decision on your new claim is based on an assessment of how you are now the law does not allow you to re-visit the previous Decision based on this new one.

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.