Won my PIP appeal! What's next?

JustTheTwoOfUs

Hi, I won my PIP tribunal in Bradford the other day! So, so glad! It was stopped April 23, MR just gave 6 points up from 0 so still didn't qualify and had to go to tribunal. I was previously on enhanced care and standard mobility and had been on DLA previously since 2009. It should never have been stopped in the first place and thankfully, after a daunting tribunal with a nice judging panel who made it a little less worrying, I was awarded enhanced care and standard mobility again and I got the decision on the day too.

When my PIP ended, my partners carers allowance and income support ended too. What I'm wondering is, as the decision has been reversed for my PIP, will those benefits be reinstated and backdated to the date they ended too?

In my eyes, they should be as I shouldn't have had my PIP stopped, the tribunal decided that, and the only reason the other benefits stopped was the PIP decision. I've seen conflicting information online and most of it just mentions when I'll get the PIP backpay and the new payments, which seems to be up to 8 weeks.

I've seen that if you make a new CA claim, it can only be backdated 3 months but it would need backdated 12 months for my partners claim but we've also been told she needs to make a new claim and ask for the claims to be linked and have it backdated that way. Which is right? 

I know there's no new claims for the income support but she's already asked for an MR on that being stopped as she claims PIP herself, the IS was in her name and she received a disability top up so we've been told that because of that, it shouldn't have been stopped, just reduced accordingly. This is what we've said in the MR but they received that in January and she's not had a reply. Does anyone know if that's right about the IS? We're hoping that it is still right but also, it wasn't stopped until June 2023 so we're still in the window of the 13 months to ask for them to look again or appeal a decision. We've not chased the MR because we had enough on with my tribunal and my partner has one soon also as her mobility element was stopped at the same time last year.

Any help would be massively appreciated on this so thanks in advance! 

Alice_Holt

Congratulations on your tribunal success.

Re IS and CA - Yes, the DWP should put you back to the financial position as if the correct PIP decision had been made in the first place. 

Getting the DWP to do this may not be straightforward.

I'd tend to do this in writing (keeping all copies), so:
i) Write to CA explaining that the CA award was terminated because your PIP was incorrectly ended. Enclose a copy  of the PIP tribunal decision letter, and ask for CA to be reinstated and backdated.
ii) do the same with IS but also enclose a copy of the MR you did.

I'd do it in writing as DWP call handlers are not sufficiently trained to deal with these queries, and liable to give incorrect information or fail to process queries. With letters you have a documentary proof of your contact with DWP.

iii) After 6 weeks write again to the relevant DWP offices with a complaint letter. Enclose your earlier correspondence, and copy in your MP asking for their intervention  (making it known to the DWP that your MP is now involved).  Explain that the incorrect PIP decision and subsequent loss of IS and CA has caused you considerable stress, financial hardship, and emotional / mental distress and that you want the situation remedied asap.

iv) Then keep following up with your MP by telephone or email.


But, I'd also see if your local advice charity has a caseworker who can help with getting your CA and IS restored and backdated.

This may seem like a lot of effort, but I have little faith in the DWP managing the process correctly without considerable prompting.  

poppy12345

When the Income Support stopped did you claim Universal Credit?

Brie

poppy12345 said:

When the Income Support stopped did you claim Universal Credit?

Or were you getting any other means tested benefits?  If so a payout for PIP which should go back to when it was pulled (as far as I'm aware) may mean that some benefits need to be repaid.  

Alice_Holt

Brie said:

poppy12345 said:

When the Income Support stopped did you claim Universal Credit?

  If so a payout for PIP which should go back to when it was pulled (as far as I'm aware) may mean that some benefits need to be repaid.  

       No, This wouldn't mean benefits need to be repaid. 

  The DWP should calculate the monies owed to the claimant (for example re other benefits such IS and CA) had the correct PIP decision been made in the first place, less any other benefits payments actually made for that period. 
The claimant should not be out of pocket because of an incorrect PIP decision.


This can be complicated, hence my earlier suggestion for the poster to approach their local advice charity (or involve their MP). 
The poster may also wish to make their LA aware, if in receipt of HB and / or CTr, as these may have reduced due the flawed DWP decision.

8dayweek

poppy12345 said:

When the Income Support stopped did you claim Universal Credit?

This ^ If you’ve since claimed UC then any Income Support would only go up to the start of the UC claim.

Similarly, if Carers Allowance is reinstated for a past period for which you have already received UC - then yes, some of your UC Award will be “overpaid” as a result. It’s important to make sure Carers Element within UC is also added to partially offset the overpayment. 

JustTheTwoOfUs

Wow, sorry, just been had a look and there's some good advice there so thanks! 

Luckily, we've already got the MP involved with the PIP and she says she'll help with anything we need as well, which is fantastic! I've looked but there's no local charities or places that offer much advice now, they signpost me to each other.

We didn't claim UC, just had my partners standard care and my contribution based ESA for the last year as we didn't dare change anything so the DWP couldn't insist we stayed on it or something. 

The LA had to do 2 HB checks in under a month because they did one and then the DWP made them do another but thankfully, we never lost entitlement for that or CTr.

I'll do the letter thing and you're totally right, you can't trust them so we keep copies and send things recorded.

We had to do something similar a good few years back but we got help with it and it's lucky that we kept the paperwork as its so hard to find any information. 

So am I right thinking, seen as we didn't claim UC or anything new, that they do have to put it back to how it was before the wrong PIP decision that was overturned? 

Thanks again everyone, it's good to find some answers 😀