PIP appeal now 23 weeks wait!

biggysmaller

I am going through a PIP appeal with a tribunal. I first submitted my appeal in June 2017. The appeal relates to a back-dated payment as my initial PIP claim phone call was not considered at the start of my claim when I was awarded PIP.

In September the DWP requested that my appeal be struck-out to the late appeal request (if was a month late). I was sent a request by the judge shortly after asking for evidence as to why the late appeal should be submitted. I submitted a heap of medical and hospital evidence.
However, the case has now been with the judge since the beginning of October, and despite weekly calls, it doesn't move ahead with a decision. The Tribunal Service sent the judge a reminder on the 21st of November and will send another on the 5th of December.

Do you think it's possible my appeal will be successful because the judge has not struck out the claim yet? I thought that maybe with the evidence I supplied he is making a rock solid legal rulling in my favour - or maybe that's wishful thinking! Bur why else would there be such a long delay?

w06

I don't follow.

Was this a transfer from DLA to PIP?

What was the award and what are your grounds for appeal?

biggysmaller

w06 wrote: »

I don't follow.

Was this a transfer from DLA to PIP?

What was the award and what are your grounds for appeal?

It relates to a new PIP claim. The claim should have begun from the first contact (phone call). There was a mix up with my claim forms on numerous occasions - I then had to an MR because they received a form late, then when the claim was successful they only starting the benefit months later than my first contact. I had to appeal this but the appeal window had passed due to illness - hence the tribunal to claim payments from the original claim date.

pmlindyloo

I believe the OP has been awarded PIP (new claim) and it was not backdated to the original telephone call.

The OP put in an appeal to have it backdated but they missed the one month deadline and the DWP struck out the appeal for the late submission.

The OP is appealing that decision by submitting evidence as to why the appeal was late.

If this is the case then if the OP has 'good reason' why the appeal was late then the original appeal for the backdating should be allowed.

OP, if you were unable to send the appeal in within the month due to ill health and you had medical evidence for this then you have a chance of the appeal being allowed (can't say for sure as haven't seen the evidence!)

As regards the waiting time for the judge to look at your case then this may just be because of a backlog of appeals. In our area the waiting time is 28 weeks!

It seems that everything that can be done has been done so it's now just a case of waiting.

If you wish you could get your MP involved. They often get good results.

When did they backdate the claim to?

Sometimes it is not backdated to the telephone 'application' because you need to have had the 'condition' for at least 3 months before PIP can be awarded.

What reason have they given for not backdating the PIP?

biggysmaller

pmlindyloo wrote: »

I believe the OP has been awarded PIP (new claim) and it was not backdated to the original telephone call.

The OP put in an appeal to have it backdated but they missed the one month deadline and the DWP struck out the appeal for the late submission.

The OP is appealing that decision by submitting evidence as to why the appeal was late.

If this is the case then if the OP has 'good reason' why the appeal was late then the original appeal for the backdating should be allowed.

OP, if you were unable to send the appeal in within the month due to ill health and you had medical evidence for this then you have a chance of the appeal being allowed (can't say for sure as haven't seen the evidence!)

As regards the waiting time for the judge to look at your case then this may just be because of a backlog of appeals. In our area the waiting time is 28 weeks!

It seems that everything that can be done has been done so it's now just a case of waiting.

If you wish you could get your MP involved. They often get good results.

When did they backdate the claim to?

Sometimes it is not backdated to the telephone 'application' because you need to have had the 'condition' for at least 3 months before PIP can be awarded.

What reason have they given for not backdating the PIP?

You are correct with your summation.
From the original claim date to the award was about 8 months in total. It was a mess, I beleive I sent in 3 applications in total before one of them was finally processed. Fortunately, I recorded everything and submitted all the dates to the tribunal judge.