MSE News: Government to review all 1.6 million...

skcollobcat10

paulo1888 wrote: »

No, I'm not saying I should have been awarded anything, I just think that the interpretation of this is wrong. The test case was decided in November 2016

"Resolving a dispute in the caselaw, Upper Tribunal judges Rowland, Rowley and Hemingway held in MH,2 dated 28 November 2016, that descriptors ‘c’, ‘d’ and ‘f’ could be satisfied by claimants by virtue of ‘overwhelming psychological distress’."

The test case was a dispute of what went before, i.e a dispute by claimants from the years up to Nov 2016. The govt tried to change the wording in March 2017 and by December 2017 admitted defeat. The date 28 November 2016 (date of the dispute in caselaw) is the date for payments to be backdated to. "Affected claimants will receive backdated payments to either the date of the MH judgment (28th November 2016) or the start of their PIP award if it is after this date." The DWP states "We will be identifying claimants that may now be eligible to more support under PIP. This will include anyone who was receiving PIP at 28th November 2016 and anyone who has received a decision since then."
It clearly states at 28 November, and not from 28 November



The BBC is a respected site. Have a look at this:

https://www.bbc.co.uk/news/uk-42862904

Have any backdated payments been reinstated yet and is it worth a phone call to see if your pip form is included in the pile of reports getting checked?

calcotti

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/review-of-your-pip-claim/the-dwp-are-reviewing-your-pip-claim/

"No date has been set yet for when reviews will happen."

skcollobcat10

As well as the 1000's owed to IB/ESA claimants on the news today.

DWP have also got to sort out the mess they caused to the mentally ill clamants and refund them.

System

i got a letter last month and said there was no change and they had looked into it

pretty expected

K80_Black

bournemouth_bell wrote: »

i got a letter last month and said there was no change and they had looked into it

pretty expected

Sorry you didn't get any more money, but I am glad this is finally underway. I received the highest possible score for mobility for mental health reasons, so I am hopeful for a higher award. The backpay would really boost my savings!

davilown

I help a relative with their finances and they have just received a significant sum backdated to 2012 (ESA) - the forms were extremely long winded but worth t in the end

hayesm

I've recently had my PIP home assessment and have been awarded PIP from 10th April 2019 however I was only awarded the standard rate of mobility (10 points "You Can't Undertake any journey because it would cause you significant mental distress"

I would have thought new claims would have taken the new ruling into account so that I should be on the Enhanced rate of mobility?

Have they made a mistake or has the new ruling not yet been taken into affect by the DWP?

calcotti

It would be helpful if you started a new thread rather than adding to an old thread. However I am not clear what your issue is. The descriptor you have highlighted is the current descriptor - indeed I think this one never changed. It scores 10 points. You need to get 12 points to get the enhanced rate of mobility.