Personal Independence Payment Tribunal Appeal Decision

Alice_Holt

Think of it this way.
If ATOS (rebranded as IAS) / CAPITA / DWP had managed to make the correct decision in the first place rather than you having to take it to tribunal - you would have received these payments from then.

The tribunal have now reversed the flawed ATOS (rebranded as IAS) / CAPITA / DWP decision and you should be put back in the same position as if the correct decision had been made in the first place.

bigshorty40

Thanks for the replies, much appreciated. Couple of final queries I have if you don't mind.
The CAB said that I need to write to the DWP for SDP to be backdated, is this correct or can I ask for backdating of SDP when I call to claim it and stop CA? The CAB have also said that there is no guarantee that SDP will be backdated, is this true?
Any comments would be greatly appreciated.

calcotti

bigshorty40 wrote: »

Thanks for the replies, much appreciated. Couple of final queries I have if you don't mind.
The CAB said that I need to write to the DWP for SDP to be backdated, is this correct or can I ask for backdating of SDP when I call to claim it and stop CA? The CAB have also said that there is no guarantee that SDP will be backdated, is this true?
Any comments would be greatly appreciated.

You can request SDP by telephone. DWP can usually take the information they need over the phone. They may send you a form to complete and return.
Provided DWP are satisfied that you met the qualifying conditions SDP should be backdated. You just need to make sure you tell them the sequence of relevant events.

bigshorty40

calcotti wrote: »

You can request SDP by telephone. DWP can usually take the information they need over the phone. They may send you a form to complete and return.
Provided DWP are satisfied that you met the qualifying conditions SDP should be backdated. You just need to make sure you tell them the sequence of relevant events.

Many thanks for the reply and confirmation on what I should do next regarding SDP.

Once I get my backdated PIP payment through, which should be sometime within the week, I'll start the process of sorting SDP payments.

Kyei

Hello please, could you be of help. I applied for pip and had to appeal. I appealed a 9 months ago, I sent all my updated health condition to the appeal team whenever I get any updates. I get esa at the height rate now and that’s my first time claim. This is my first application for pip too. Am still recovering and having to borrow money to get to appointments, pay for medication as esa do not cover prescription. Please I wanted to as if the pip can be back dated after the appeal and how long can it be backdated. Thank

calcotti

Kyei wrote: »

Hello please, could you be of help. I applied for pip and had to appeal. I appealed a 9 months ago, I sent all my updated health condition to the appeal team whenever I get any updates. I get esa at the height rate now and that’s my first time claim. This is my first application for pip too. Am still recovering and having to borrow money to get to appointments, pay for medication as esa do not cover prescription. Please I wanted to as if the pip can be back dated after the appeal and how long can it be backdated. Thank

If your appeal is successful the award will automatically be backdated to the day you first started your PIP claim (the day you rang DWP to start the whole process).

Note - it would have been better to have started your own thread rather than adding your question to one that is a year old. Anyone skimming the threads may confuse your question with the rest of the thread.

Alice_Holt

Kyei wrote: »

Hello please, could you be of help. I applied for pip and had to appeal. I appealed a 9 months ago, I sent all my updated health condition to the appeal team whenever I get any updates. I get esa at the height rate now and that’s my first time claim. This is my first application for pip too. Am still recovering and having to borrow money to get to appointments, pay for medication as esa do not cover prescription. Please I wanted to as if the pip can be back dated after the appeal and how long can it be backdated. Thank

If the tribunal decide in your favour, then PIP payments are backdated to when you applied for PIP (as this was your first PIP claim). You will be put in the same financial situation as if the DWP had made the correct decision at the time of your application.

These will be helpful for your appeal:
https://www.advicenow.org.uk/guides/how-win-pip-appeal
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/831253/PIP-assessment-guide-part-2-the_assessment-criteria.pdf

RE prescription charges:
https://www.nhs.uk/NHSEngland/Healthcosts/Documents/2016/HC1-April-2016.pdf

Edit: Cross posted with calcotti

calcotti

If you do not get free prescriptions through your ESA I infer this is contribution based or new style ESA. If you are on a low household income you may qualify for a top up through Universal Credit. You could do a benefits check https://www.gov.uk/benefits-calculators