Dla to pip? So upset

DANIELS84

Hello,

I am really really hoping that someone on here has some advice/experience with the transition from DLA to PIP.

My brother is 33 and was awarded DLA in November 2011 after many many years of being told no, he finally got accepted for higher rate mobility and higher rate care after they gave him the medical.
On November 3rd this year it was due for renewal, we returned all the forms that we were sent filled in and completed.
The last payment received from DLA was in November... When we telephoned to find out why he did not receive Decembers, they explained that there was a backlog of claims, but assured us that when it was all sorted any back pay would be paid.
It has been two months and so we phoned today to find out what was happening and they now say that they never received the forms back!!!!!! And not only that but because they 'never received the forms back' they cannot pay him any more and has been told he has to make a PIP claim! Which we had to do today.
My brother is beside himself, because not only has his claim been refused, but the last two months payments he was told he was entitled to, he won't get. Including the top up on his ESA for being severely disabled which was stopped while DLA was being reviewed.
So he has lost over £500 a month DLA (before payment is taken out for the motorbility care) and £150 fortnightly from ESA... Over £800 per month!!!!!
He is beside himself. He has a tracheotomy and needs care at home,which we as his family give.
My main questions are how the hell do we fight this!?
Is what they are doing allowed?
Will he get the money he has missed out on backpaid?
Does he lose his motorbility car>
I am so confused.... Any help would be greatly appreciated:sad:

CKhalvashi

The only thing you can do is appeal, where it will be backdated should that appeal be successful.

I'm not a DWP specialist (my area is Tax Credits and Housing Benefit), so I don't know what right there is to a hardship element of this. Someone will advise you soon.

If your brother is on HB/CTB, they need to be spoken to, as it will allow for more to be paid (if total isn't already)

Hope this helps.

CK

Indie_Kid

There isn't a hardship element to DLA.

Was a letter ever received stating "we have received your DLA claim..."? The one they send when they've received your form and are looking at it?

DANIELS84

I'm not sure if we can even appeal it... they never mentioned anything about being able to appeal it.... thank you for your help though, I honestly don't know what to do.

SH1305
I am not asking for a 'hardship' element! My point is that due to this one big mess up of theirs, my brother has lost out on £1600 in tow months... that is a lot of money when he has taken out loans to cover the costs of his own therapies, because he was told in the first place that when the 'back log' had been cleared, all payments would be backdated.

No letter was received.... I did not know that we would even get one! To be honest, we haven't had a single letter come through for him from DLA in months. And now you do mention it I would have thought that a letter to state what was happening would be sent out. This is all a bit of a joke to be honest.

Indie_Kid

DANIELS84 wrote: »

No letter was received.... I did not know that we would even get one! To be honest, we haven't had a single letter come through for him from DLA in months. And now you do mention it I would have thought that a letter to state what was happening would be sent out. This is all a bit of a joke to be honest.

This is why I asked. I receive DLA and have received many letters regarding what's going on with my claim - ie, we've received it, sorry for not getting back sooner; but we're still looking at your claim, etc.

DANIELS84

You really do have a point.. why would they not be sending letters... It really doesn't make sense. If they received it or not, Im sure the post box would have had a fair few letters about his claim since November 3rd!!
I don't have a clue on this either!

Ames

I don't mean to scare you, but they'll be wanting his car back too. I had my DLA stopped on renewal a couple of years ago, within two months it was reinstated and back in payment but in that time all the knock on effects had happened.

Do you have any proof of sending the form back? Did you send it yourselves or get a welfare rights advisor involved. Did they tell you on the phone that they'd received it? If they did it might be worth doing a subject access request (which gives you all the information they hold on you) which will hopefully include a record of the phonecall and therefore proof that you sent the form in.

Good luck with getting it all sorted.

ab.da54

DANIELS84 wrote: »

You really do have a point.. why would they not be sending letters... It really doesn't make sense. If they received it or not, Im sure the post box would have had a fair few letters about his claim since November 3rd!!
I don't have a clue on this either!

Did you send the form back via recorded delivery?

rogerblack

DANIELS84 wrote: »

Will he get the money he has missed out on backpaid?

Clarifying the legal position.

Now that he has made a claim for PIP - any DLA award will automatically terminate once PIP is, or is not awarded.
This is the case, even if he got a backdated award for DLA.

PIP claims are unfortunately taking an extremely long time to be awarded at the moment, well over 6 months.

The DLA backdate is a problem.

DLA terms are never 'run on' - if your award comes to an end, you must always apply for a new one.
If you do not, then you can never be paid DLA going forward from the end of the award.

This is different from the case of (for example) ESA - where non-return of the form means there is a decision that can be appealed that your claim should be closed.

The claim has already closed, by virtue of the ending of the period - and you have not successfully applied for a new award.

My understanding - which should certainly be checked - this is a complex area - is that there may be no legal avenue to request a backdated award.
This is even before the changes brought about by PIP have kicked in - these mean, as I understand it that no claim for backdated DLA can be made since April of last year.

He will not be paid any backpay, as he cannot apply for DLA again.
While not quite backpay of DLA - contact PIP, and ask if the PIP award can be backdated to the date in question.

This is best done in writing, recorded delivery, keeping a copy - for obvious reasons.

The 'good cause' for not applying for PIP at the time (which is required for backdating) was that you had good reason to believe your DLA award was in process.
If you have any proof of posting, this would be ideal. Even a letter from someone that knows the letter was posted at the time is relevant.

Further on DLA.
If they have received anything from you, in time - even if it's not a valid claim - if it expressed the intent to claim DLA, it may fall into the categories of things they should have written to you about, but did not.
In this case, in principle a late request for reconsideration of this decision (the decision not to write to you about what you sent in) may lead to an award.

Any misconduct by DLA staff may lead to an award of compensation, in principle.

https://www.gov.uk/government/publications/compensation-for-poor-service-a-guide-for-dwp-staff

It is likely now that nothing is going to happen in any case for several months.
But, it's important to work out what DLA claim they sent to you, and if anything at all was received by them.
As mentioned above - do you have proof of posting of the letter?

DANIELS84

AB.DA54 I would love to be able to say that I wasn't stupid enough to send this form back with no proof of postage, but I cannot.... kicking myself thoroughly for that one.

ROGERBLACK
Thank you for taking the time to offer your help, I do appreciate it
Unfortunately through no fault but my own, I did not return this by recorded delivery... Hindsight is a horrible thing!
I don't have many dealings with benefits, as this is all for my brother, who I do it for, however after reading many horror stories on here today since Googling, It seems I have been pretty silly in not returning it with proof. So I feel awfully guilty!!

This was returned in I believe End of September time, because we received the forms pretty early considering the renewal was not up until November. so it was a long time ago! I can however remember that the envelope was big and my partner had gotten gotten an oily thumb print on it from on the way to the Post Office (which I moaned at him for!) Lol! Seems unimportant... but that is how I remember it going back. Would a letter from him even be looked at.... Or would they look at it in a silly light?

I understand that the only option is to wait on the PIP decision and then ask nicely in writing for the claim to be taken from the end of DLA in December as a good will gesture maybe.... I will still investigate just why no letters have been sent out and why not only have we received no letters since the claim form.... why we were told on the phone in October time that we would hear in due cause, but there is a backlog and any payments owed would be backdated.... they took all his information on the phone, so must have checked if the form had been received or not, and surely would have said so if it hadn't been! Or a letter to say it hadn't been! It's just awful how this has all turned out.
Some of the DLA stories I have read are horrific! At least he has his family to look after him at the moment, all though we can't help him financially... it's more than what some people have!