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UC Appeal - backdating claim

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4 days 14 hours ago #313061 by Sum
UC Appeal - backdating claim was created by Sum
Hi B&W

Thought i would share some positive news 🙌🏽🥳, just a small win for social justice.

I am the appointee for son and recently applied for UC (Oct 25) once he finished studies, and was looking for work, but hindered by chronic physical and MH issues.

I found out that there is an option to backdate the claim by 1 month from original claim date. So once i had time and capacity, after completing house move in Sept 25, i put in the claim. After chasing DWP decision the BD claim was rejected. I then put in a MR . Again the MR claim was rejected. I then put in an Appeal.

Today I received a call from DWP advising the decision had been reversed and award would be backdated !!! Expecting a letter in UCJ to confirm the decision and more importantly the basis of the reviewed decision.

The moral of the story , is don't be put off by the decision makers reasoning. If you can argue a illegitimate claim and have done some research on it, then go ahead and take it to next DM. All you are asking is ' can someone check this decision is fair and legally correct' , thats my mantra anyhow.

I have come to learn through alittle experience, the system is flawed as much as the reasoning and application of law.

Good luck everyone.

ΣμΜ
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3 days 5 hours ago #313085 by Sum
Replied by Sum on topic UC Appeal - backdating claim
Do i rely on DWP to update HMCTS based on their revised decision OR do i take action on the HMCTS portal to withdraw the Appeal?

ΣμΜ

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2 days 11 hours ago #313092 by David
Replied by David on topic UC Appeal - backdating claim
Hi Sum

This is something for which I have not had adequate training to advise you. Have you tried looking at case law which can be sourced via AI?

Let us know how you get on.
David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 day 16 hours ago #313099 by Sum
Replied by Sum on topic UC Appeal - backdating claim
FYI B&W ,

When/if u get a call from DWP regarding their review of the Appeal case, they may advise they have revised their decision in your favour. In our case this meant there's no need to carry on with the Appeal hearing.

DWP advised me there is nothing i need to do, as they will inform HMCTS that the case has 'LAPSED' (court terminology meaning resolved ?)

I wasn't convinced of this advice, given the history of DWP errors to date, so i called HMCTS to get advice.

HMCTS said they were already aware case had Lapsed on 27 March 26, which is the date DWP called me. Really quick when they wanna be right ?😏

I will get official HMCTS ltr and email to confirm and Portal will update to show case status has changed to Lapsed.

Hope thats useful insight for others in similar situation.

ΣμΜ
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