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Supreme Court Ruling & DWP NOT backdating as they should

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2 years 9 months ago #269605 by Helen
Dear All,

I have just written this to my local MP. See what you think - all feedback very welcome!

I, like thousands of others, are still being penalised on the back of a shoddy excuse from the DWP of their timescales, because this situation is not really good enough, and I now feel that it is down to Parliament to get something done about this.

The DWP have been forced via the Supreme Court to back date many incorrectly and non-awarded PIP applications, which were exactly the same as mine is, and with this, they were ordered to in future correctly train their staff to give out PIP awards as in my case, for EUPD, which is a mental illness affecting every day living. They were Ordered to do this, therefore, the DWP must comply, there is no way around it.

My original award was September 2019 (I believe) in which I had to fight myself to get anything. However, although nothing had changed apart from my hip needing a replacement from 2019 to 2022, when I went via the Disability Advice Service, they got me the full Mobility and Daily living, BECAUSE I have EUPD alone, this gave me the mobility component, which I should have been awarded at the outset in 2019.

So please explain to me:

I suddenly get an award given in 2022, showing that I should have had PIP Mobility Enhanced, from the outset, and to reiterate this is on the fact that I have EUPD alone. This confirms that this should have been awarded at the outset, along with my diagnosis in 2019, but the DWP got it wrong (admitting as much because of my 2022 award).

It does not come into it 'whether the DWP have closed their time limit' because how can a claimant ask for benefits, when they do not know exactly what they are entitled to, which is why I asked the PIP assessors at the outset, who clearly got it wrong, the proof being in my award in 2022, just prior to going to a tribunal.

With the Supreme Court Ordering the DWP to backdate all wrong fully awarded PIP assessments, which covers 2016-18, then after this date the DWP WERE ORDERED BY THE SUPREME COURT TO SUPPOSEDLY TRAIN THEIR STAFF CORRECTLY FROM THAT POINT ON, but I can see that they didn't take up the mantle and do the job and implement the Court's Judgement.

However, because they did not do this, which was proved in my case starting 2019, I am asking Tom to take this to Parliament for me please, otherwise I feel compelled to bring the Supreme Court back into play, to force the DWP to backdate ALL APPLICANTS' PIP payments, which were not paid, when they should have been, as they were ordered to do so. Otherwise, why go to the Supreme Court in the first place? It makes a mockery of our Judicial system, does it not.

As for the DWP 'giving a one month deadline to reapply' this is absolutely ridiculous, and has clearly been surpassed by the Supreme Court ruling, although clearly something has gone wrong, with the DWP ignoring their orders.

Mind you, with Boris partying when he told all of us to stay at home or be accountable, it doesn't fill the electorate with much confidence I must say.

Look forward to hearing from my local MP please.

Regards,
Helen
The following user(s) said Thank You: denby

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2 years 9 months ago #269701 by Gary
Hi Helen

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

Thank you for your post which does raise a few interesting points, I hope that your MP succeeds in raising your query, you may want to ask for an 'Any Time Review'.

If DWP make an official error then there are no time limits, an Any Time Review will take the claim back to the start of the claim, never ask for a backdate as a backdate will usually only go back one month.

Let us know when you receive an outcome.

Gary

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

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2 years 9 months ago #269705 by denby
Loving it Helen, do please keep us informed!!!
Denby

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