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Can I challenge the backpayment decision?
- Chablebear
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1 year 7 months ago #280138 by Chablebear
Can I challenge the backpayment decision? was created by Chablebear
Hey everyone.
Our 8 year old son has recently been awarded DLA at the correct rates. My question however relates to the baclpaymwnt decision. I returned the form some 6 weeks after the 6 week period I was given to complete the form, I was told to give a reason as to why the form was late. I included a covering letter and did my best to convey what I think is a valid reason for the form being late.
I am a full time carer already to my wife, who is on the highest rates of both elements of PIP, so I am the only person in the household who is able to fill out the form. We had lost my wife's mother a couple of months prior so my wife's health took a significant turn for the worst meaning she needed more help. On top of this i suffer from chronic migraines, and over the Christmas period I had several instances where I would have migraines that lasted 8-10 days at a time, requiring me to be in bed whenever I am not looking after my wife or children. Just this month I had a botox treatment to try and alleviate the migraine symptoms. I got the form back to them as quick as I could.
When we heard back, my son was awarded the correct amounts which is fantastic. They only backdated the claim however from the date they received the form. They wrote "your reasons for lateness have been considered but not accepted". Is there any way I can get another opinion on this. I don't know what more I could have done to get the form back to them faster and I explained this to them as best I could. Would challenging this mean having to challenge the entire claim?
Any help you could give would be excellent.
Our 8 year old son has recently been awarded DLA at the correct rates. My question however relates to the baclpaymwnt decision. I returned the form some 6 weeks after the 6 week period I was given to complete the form, I was told to give a reason as to why the form was late. I included a covering letter and did my best to convey what I think is a valid reason for the form being late.
I am a full time carer already to my wife, who is on the highest rates of both elements of PIP, so I am the only person in the household who is able to fill out the form. We had lost my wife's mother a couple of months prior so my wife's health took a significant turn for the worst meaning she needed more help. On top of this i suffer from chronic migraines, and over the Christmas period I had several instances where I would have migraines that lasted 8-10 days at a time, requiring me to be in bed whenever I am not looking after my wife or children. Just this month I had a botox treatment to try and alleviate the migraine symptoms. I got the form back to them as quick as I could.
When we heard back, my son was awarded the correct amounts which is fantastic. They only backdated the claim however from the date they received the form. They wrote "your reasons for lateness have been considered but not accepted". Is there any way I can get another opinion on this. I don't know what more I could have done to get the form back to them faster and I explained this to them as best I could. Would challenging this mean having to challenge the entire claim?
Any help you could give would be excellent.
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- BIS
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1 year 7 months ago #280140 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Can I challenge the backpayment decision?
Hi Chablebear
In all honesty, I think you're going to struggle with this one. Please don't think that I'm not sympathetic. I don't know whether you informed them that you were having difficulty getting the form in on time because they often stop claims altogether when people return forms after a given deadline. You can certainly ask them to rethink it, but I suspect the mitigating circumstances you have mentioned are very common. You could also try involving your local MP - and see if they are prepared to argue your case.
BIS
In all honesty, I think you're going to struggle with this one. Please don't think that I'm not sympathetic. I don't know whether you informed them that you were having difficulty getting the form in on time because they often stop claims altogether when people return forms after a given deadline. You can certainly ask them to rethink it, but I suspect the mitigating circumstances you have mentioned are very common. You could also try involving your local MP - and see if they are prepared to argue your case.
BIS
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- Chablebear
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1 year 7 months ago #280142 by Chablebear
Replied by Chablebear on topic Can I challenge the backpayment decision?
Hey, thanks for the response. I did tell them over the phone we were having difficulties getting it back on time and I asked for an extension on the 6 weeks, I normally have to do this with the PIP application for my wife too. I was told they can't give extensions and I would just have to return the form late and provide a reason for the lateness which could then be considered.
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- Gary
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1 year 7 months ago #280152 by Gary
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Replied by Gary on topic Can I challenge the backpayment decision?
Hi Chablebear
You may be on a sticky wicket with this one, I would agree with BIS. If you return the DLA form outside the time limit then they usually make any award from the date they receive the form, which is why we say send it by recorded delivery, you will then know when it was signed for.
WCA there is no extension, PIP you can get an extension if you contact DWP before time limit runs out and ask for an extension, for AA it's the same as DLA.
Gary
You may be on a sticky wicket with this one, I would agree with BIS. If you return the DLA form outside the time limit then they usually make any award from the date they receive the form, which is why we say send it by recorded delivery, you will then know when it was signed for.
WCA there is no extension, PIP you can get an extension if you contact DWP before time limit runs out and ask for an extension, for AA it's the same as DLA.
Gary
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- Chablebear
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1 year 7 months ago #280172 by Chablebear
Replied by Chablebear on topic Can I challenge the backpayment decision?
Hey Gary,
Yeah I understand what you're saying. I just thought I'd odd that they say my "reason has been considered" as if there is a potential for it to be backdated from when I first got the form. Plus I was told over the phone to explain a reason for the the lateness and they would consider it. Then they say the reason has been rejected, this to me seems to imply the reason to them is invalid.
Do you know if its something I can wrote to them to reconsider or is that sort of thing on ever done for the benefit rates?
Yeah I understand what you're saying. I just thought I'd odd that they say my "reason has been considered" as if there is a potential for it to be backdated from when I first got the form. Plus I was told over the phone to explain a reason for the the lateness and they would consider it. Then they say the reason has been rejected, this to me seems to imply the reason to them is invalid.
Do you know if its something I can wrote to them to reconsider or is that sort of thing on ever done for the benefit rates?
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- BIS
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1 year 7 months ago #280179 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Can I challenge the backpayment decision?
Hi Chablebear
There is nothing to stop you from raising it. Gary and I both think that you're unlikely to win this one, but there's nothing to stop you from asking. We're not the people who make the decision. We can only say that we think, but we'd be happy to be proved wrong.
BIS
There is nothing to stop you from raising it. Gary and I both think that you're unlikely to win this one, but there's nothing to stop you from asking. We're not the people who make the decision. We can only say that we think, but we'd be happy to be proved wrong.
BIS
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