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is Severe Disability Premium time limited? claming approx 12 years backdate

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124

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  • epitome
    epitome Posts: 3,199 Forumite
    upside down, boy you turn me...inside out and round and round...

    So on the basis of what you wrote, I then should call IS again and ask for another form and also call ESA and ask them for another form to claim for previous address, not that ESA paid him for his current address for that matter!
    No, on IS he was only at a single address from 2004 - 2010 so he will only need 1 form for IS.

    On ESA he had 2 addresses so will require 2 forms...however, I would wait until you have spoken to the ESA Decision maker.

    Also if IS awards SDP...you can then ask for the ESA to be ammended from the start of ESA 2010, due to the fact that the IS award has been chnaged to include SDP.
    Also, okay I get your point about calling, but in reality, the DWP are very rude, and unhelpful and to some extent I disagree that one needs to keep chasing on phone. I've put the arrears claim in and it's up to the DWP to sort it out and let the claimant know the outcome either way... Letters are more powerful because there is a copy anyone can read and moreover if an appeal occurs easy to submit as evidence whereas phone calls are all wishy-washy.
    If there is an appeal, the last thing you will need is copies of the letters you wrote asking for SDP. It's not great to have letters ignored and the only way to get anything done is by phoning....but at least if you do phone and you know what to say...you will get things done. It's just the way it is in a large government department.
  • epitome
    epitome Posts: 3,199 Forumite
    He just wants to know from the DWP

    how long will it take them to make a decision.

    will he get no arrears of SDP, will he get 4 weeks from when I had made a claim for him on the phone, will he get 3 years, 7 years or maybe the full 12 ish years. We don't get any information when calling, they don't call back, they are not clear about what forms you need, if he needs 4 IS10s then why didn't they say this so that I could have asked for him sooner.

    The whole DWP system is screwed up so that mentally ill people suffer and those helping them end up ill.

    He wants to know because having lacked funds for 12 years 60 ish £ a week his thousands in debt, having had borrowed to pay for his extra care needs. If he could receive the arrears he could pay off his debts and begin to structure his life with the new SDP award. I've already noticed an improvement in his mood now that he has this extra £62 a week, at least he doesn't have to worry about paying back the loan sharks their high interest there've been charging him for years.

    I expect this will end very good for him over £10,000 possibly double that.

    You did not get your phonecall from ESA, need to phone ESA ask for

    A Verbal Explanation callback escalation request because they did not phone you back the last time you called.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 2 February 2018 at 9:34PM
    I was on DLA for 6 years before it changed to PIP

    in 2015 I was awarded the middle rate of care

    I could be eligible for SDP

    I'd never heard of it, they asked me to fill out the form provided

    i ticked yes to all three boxes, and sent of the form

    they sent back a letter saying thankyou for ticking those 3 boxes you do in fact qualify for an extra £60 odd or whatever it was

    maybe they have different systems these days that generate these forms being sent out when they think someone meets a certain criteria?
    Are you satisfied that your SDP was backdated to 2015 DLA middle rate care award date?

    When I said it is not automatic, I mean the ESA computer does not award it automatically. The ESA computer does award EDP automatically, but not SDP.

    SDP requires either human intervention -with no form being sent. The human updates the ESA award manually to include SDP.

    or human intervention, sending a form and waiting for it to be returned, and then the human updates the award manually.

    The sending of a form from ESA always requires a human to notice it could be eligible and post the form.

    The sending of a form from DLA (as far as I know) used to be automatic as part of the award letter when the DLA group changed. I don't know if they still do that automatically when PIP is awarded.
  • batg
    batg Posts: 295 Forumite
    this isn't andy/flo again is it?sounds very familiar...........
  • I think you're correct I think it is automatic.

    But in the case of the man I'm helping SDP had not been applied to his claim for IS or ESA when all along he'd been on DLA at middle rate care.

    And still, despite all my attempts calling them and writing to them they have only applied SDP for him from Jan 2018 and have not uttered a word officially about arrears from about 2004/5
  • epitome wrote: »
    I expect this will end very good for him over £10,000 possibly double that.

    You did not get your phonecall from ESA, need to phone ESA ask for

    A Verbal Explanation callback escalation request because they did not phone you back the last time you called.

    Dispite all my attempts he hasn't heard anything from DWP, even though I've now posted SAR and posted complaint letter (and mentioned prevoius complaint letter and phone calls and no phone call back) and have appealed SDP on bsais no arreras awarded, he hasn't even received a reply!

    I just do not understand how DWP can not communicate about this case given the resources they have.
  • epitome wrote: »
    I expect this will end very good for him over £10,000 possibly double that.

    You did not get your phonecall from ESA, need to phone ESA ask for

    A Verbal Explanation callback escalation request because they did not phone you back the last time you called.

    I called them again, man from DWP said will send email asking them to call me back. They did not call back. So when you write ask them for a call back to explain it's one thing to write this, however in reality it does not always work as I have proved. The ill man I'm helping is still waiting for a letter, for the arrears, has not heard anything. And has not received any reply as a result of all the letters I had written!

    Is no news, good news?

    What are the DWP up to on this case? This is a crazy situation. They have not said they will not pay, have not said they will pay but there is a delay or whatever, just no information from them at all. Maybe the people who answer the call know things but don't let on...

    I's all guesswork at the moment, though we do know he has been entitled to the SDP for all this time, but now he has claimed the arrears, the DWP have gone silent on his arrears claim!

    I filled in another IS10 and sent off to IS to cover his previous address, and up to when his claim transferred from IS to ESA. still no news about this either.

    What should his next move me?
  • bill_rogers
    bill_rogers Posts: 21 Forumite
    thought I'd provide the forum readers with an update.

    1. I've leant a lot helping the man I'm helping when it comes to the DWP. Firstly, they full well know what is going on. They try to avoid the issue, try not to pay, do not address it this is why they do not provide info when you finally get through to them. And some of them are really very rude too by the way. Listen Number 1. Never ever bother calling. ALWAYS ALWAYS ALWAYS "WRITE" no matter what anyone says. When you write there is a record. If you call there is no record and even if you record convo, you have a record , but from there side they have their notes which might not reflect your call. Thus by writing you are getting your point accross on your DWP record or the person you are helping, on thier record.
    2. After getting NOWHERE via phone, after calling counless times, I wrote a number of letters and made a Subject Access Request. Finally this got through. The man I'm assiting got a pay out of over 18k. But has not received the full amount,
    3. DWP asked him to RPOVE, yeah get this PROVE that he had been receiving DLA middle rate from 2004 or thereabouts. The thing is, if it were an OVERPAYMENT they would be right on to him. BUT because it's an UNDERPAYMENT he has to prove it! How one sided is this?
    4. SAR came through, found info dating back to 2004 proving he has been receiving DLR Middle rate since 2004. That's the good news. So I'll have to write back. It was not the full data -- could have gone back more -- and was not the Brex I had asked for, was CIS but nevertheless there is a lot of evidence. Since bank statments only go back 6 years or so and the DWP have pad from from april 2012 so they plucked this date out of the air. basicly paid over 5 years SDP. why they had not paid him from 2004 still not clear, they are keeping hash hash on it. Wrote is not happy complain further higher up in the chain.
    5. I'll write to them again and ask them to look into it before going higher up in the hash hash train chain. They full well know he has been entitled to SDP since 2004 for the most part, some 13 years but have only paid less than half. They basicly owe approx. 20k to 23k more.
    6. Thus almost half good new i guess. I have advised the man I'm helping to pay off his debts since he has a lot of debts. Forexample he bought a cokker on crdet. Cokker was like 1k but over direct debts will end up paying 4k, has other similar debts....what a mess. all because the DWP had not been paying the correct money to him over the years. past and curent debts will eat away most of the full arreras.
    7. during the request for arreras they sent him a PIP letter and now a form! Little bit of vindictivness I think. They might be thinking, get him knocked off of middle rate or whatever it is on PIP and he can say goodbye to his SDP. I've leant that the DWP staff are nasty people. Horrible hobbile people. They only care about themselves, what they can get out of the stealing from claimants monies over the years. That's the way I feel. More letters have to be sent even though they full well know they should have paid the full amount.
  • thought I'd provide the forum readers with an update.

    1. I've leant a lot helping the man I'm helping when it comes to the DWP. Firstly, they full well know what is going on. They try to avoid the issue, try not to pay, do not address it this is why they do not provide info when you finally get through to them. And some of them are really very rude too by the way. Listen Number 1. Never ever bother calling. ALWAYS ALWAYS ALWAYS "WRITE" no matter what anyone says. When you write there is a record. If you call there is no record and even if you record convo, you have a record , but from there side they have their notes which might not reflect your call. Thus by writing you are getting your point accross on your DWP record or the person you are helping, on thier record.
    2. After getting NOWHERE via phone, after calling counless times, I wrote a number of letters and made a Subject Access Request. Finally this got through. The man I'm assiting got a pay out of over 18k. But has not received the full amount,
    3. DWP asked him to RPOVE, yeah get this PROVE that he had been receiving DLA middle rate from 2004 or thereabouts. The thing is, if it were an OVERPAYMENT they would be right on to him. BUT because it's an UNDERPAYMENT he has to prove it! How one sided is this?
    4. SAR came through, found info dating back to 2004 proving he has been receiving DLR Middle rate since 2004. That's the good news. So I'll have to write back. It was not the full data -- could have gone back more -- and was not the Brex I had asked for, was CIS but nevertheless there is a lot of evidence. Since bank statments only go back 6 years or so and the DWP have pad from from april 2012 so they plucked this date out of the air. basicly paid over 5 years SDP. why they had not paid him from 2004 still not clear, they are keeping hash hash on it. Wrote is not happy complain further higher up in the chain.
    5. I'll write to them again and ask them to look into it before going higher up in the hash hash train chain. They full well know he has been entitled to SDP since 2004 for the most part, some 13 years but have only paid less than half. They basicly owe approx. 20k to 23k more.
    6. Thus almost half good new i guess. I have advised the man I'm helping to pay off his debts since he has a lot of debts. Forexample he bought a cokker on crdet. Cokker was like 1k but over direct debts will end up paying 4k, has other similar debts....what a mess. all because the DWP had not been paying the correct money to him over the years. past and curent debts will eat away most of the full arreras.
    7. during the request for arreras they sent him a PIP letter and now a form! Little bit of vindictivness I think. They might be thinking, get him knocked off of middle rate or whatever it is on PIP and he can say goodbye to his SDP. I've leant that the DWP staff are nasty people. Horrible hobbile people. They only care about themselves, what they can get out of the stealing from claimants monies over the years. That's the way I feel. More letters have to be sent even though they full well know they should have paid the full amount.

    This doesn't read like it's been written by the same person.
  • bill_rogers
    bill_rogers Posts: 21 Forumite
    This doesn't read like it's been written by the same person.

    It what way?
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