DWP dragging their heels over backdated SDP and no call back from Managers... (1 year+)

TeenageQueen

Hi all,

First of all, I meant to put 'Queenager' as my username, but I guess I was so stressed that I typed it wrongly. LOL!!

I'm so frustrated and angry now, so please forgive the long post, but I want/need to get it out here.

Anyway, my story is that a year ago I visited my local Money Matters as I was struggling to pay a £67 electricity bill, and needed help to do so. During my visit, the advisor, Lisa, asked me which benefits I receive - ESA and PIP. So she asked if I was also in receipt of SDP (Severe Disability Premium) - I just gave her a blank face. I'd never even heard of it. So there the ball started rolling. It would appear that I should have received it automatically.

I went home and called ESA, where I was told that yes, I am entitled to it and that someone would call me back. I got that call the next day from a guy who was incredibly rude, asking me why I wanted to claim it NOW, and that he felt that I was "only in it for the money!" He told me that I had to prove that I was living alone... he tried to say that my son (35) was living with me, so I informed him that my landlord could provide a letter stating that he wasn't, and that I get single person's CT (Council Tax) rebate, to which the guys said "Yeah, but anyone could say that!"

Anyway, I provided relevant proofs that I lived alone - landlord checks my property on a regular basis, the letter from CT etc.

I then recieved one month's backdated SDP. I called ESA again to ask about the remaining backdated payments. I was ignored for months. Eventually, I went to speak with my local MSP (I'm in Scotland) and shock, gasp... DWP responded within 7 days to them, stating that I was entitled to it and they'd respond again within 10 days (it took almost 3 weeks though) but the response was that yes, I was entitled to it, that it had been awarded but needs to be signed off by a 'higher up' as it's a high-value amount. Nothing for weeks, so the MSP contacted them again and this time DWP said that I wasn't entitled to the backdated payments.

Backdated payments of SDP are one of the very few benefits that are backdated to the time that you are first entitled to PIP.

Anyway, to cut a long story short, after no success and having my MR refused, I looked online and found the HMCTS (HM Courts and Tribunal Service). I submitted copies of all the DWP letters, my proofs of living alone and so on. HMCTS contacted DWP in April this year who were given to 26th May to respond. They responded within 2 weeks and found in my favour.

DWP 'dispute and resolution team' stated they found 'wholly' in my favour, 'preferring my version' and that SDP is awarded to me from 12/7/2018.

Of course, this is a high value amount now and I have received £1680 INTERIM payment.

Since 10th May - when both HMCTS and DWP informed me that I had won my appeal - I have made 11 calls to ESA enquiring about the progress. Of those calls, 10 have told me that they're escalating my case and that "a manager will call you back within 4 hours."

Not once have I had a callback. Not a single time. Zilch! Nada! Nothing!

During a couple of the more recent calls, I was told that whoever was checking my claim has ASSUMED that because I received £1680 (interim payment), that THAT was my full entitlement, and 'closed the case'. The call handlers were as shocked as I was. It is clearly written on my notes that backdated payment is to be from 12/7/2018.

I am calling them every other day now - determined to make a nuisance of myself, flagging my case up enough for them to take notice. On my last call this morning (8.30), the chap I spoke to has said that he's also going to mark it that I'm also raising a complaint and that, hopefully, WILL make them call me... by 12 noon. It's now after that time. No call back and no surprise there, then!

The call handlers are always nice and supportive and I don't blame them, more that I absolutely blame the managers and the system as a whole.

I don't know where or who to turn to now.

The last couple of winters, I've not been able to put my heating on for more than an hour, sitting with blue/purple hands, even going out for walks just to be able to get warmth - as ironic as that sounds - so for me to be able to not worry too much about keeping warm is a big deal, as I'm sure many of you will understand. The money isn't about holidays or being frivolous with it, but more as some kind of financial security for, at least, the next 4/5 years.

I was diagnosed with manic depression (BPD) over 30 years ago, and about 10 years ago with PTSD, some days are a real struggle with my mental health, so this is only making things worse, not to mention that you have to listen to that awful music for between 35 - 45 mins before someone answers your call, unless you just get cut off in the meantime!

Next week, I'm going to start calling them on a daily basis. Not that any manager will call me back, but I've been logging everything since 10th May. I'll also put in a complaint via the Gov.uk website and I'll send a complaint to DWP in a recorded letter - although the latter will likely 'not be received' or totally ignored.

Again, my apologies for the length of this, and there is a lot more that I could add, but please - can ANYONE advise me further? I'm sure that I'm not the only one that has gone/is going through this.

xxxxxxxx

TeenageQueen said:

Backdated payments of SDP are one of the very few benefits that are backdated to the time that you are first entitled to PIP.

Only if you would have been entitled at the start of PIP. If you were not entitled to SDP at the start of PIP and then there was a change and you did not report the change... then you are not entitled to a backdated SDP to the date of the change which you did not report.

My advice is you have done all you can, the complaints team will get this resolved. Or you could ask your MP to intervene again. 

Danien

xxxxxxxx said:

TeenageQueen said:

Backdated payments of SDP are one of the very few benefits that are backdated to the time that you are first entitled to PIP.

Only if you would have been entitled at the start of PIP. If you were not entitled to SDP at the start of PIP and then there was a change and you did not report the change... then you are not entitled to a backdated SDP to the date of the change which you did not report.

My advice is you have done all you can, the complaints team will get this resolved. Or you could ask your MP to intervene again. 

They've already found in favour of the OP, stating exactly when they are entitled.

The issue here is that they haven't paid the amount they themselves stated the OP is entitled to.

OP, try your MSP again, also put in a written official complaint, send it signed for as your treatment has been appalling. Also ask the first guy you spoke to on the phone be disciplined, as that is terrible customer service.

TeenageQueen

xxxxxxxx said:

TeenageQueen said:

Backdated payments of SDP are one of the very few benefits that are backdated to the time that you are first entitled to PIP.

Only if you would have been entitled at the start of PIP. If you were not entitled to SDP at the start of PIP and then there was a change and you did not report the change... then you are not entitled to a backdated SDP to the date of the change which you did not report.

My advice is you have done all you can, the complaints team will get this resolved. Or you could ask your MP to intervene again. 

Thanks. Though the DWP have admitted that I am 100% entitled to it from the start. Their error was also that I wasn't automatically put on SDP at the start, though this seems to be the case with many claimants too.

I'll definitely be contacting my MP again.

TeenageQueen

Danien said:

xxxxxxxx said:

TeenageQueen said:

Backdated payments of SDP are one of the very few benefits that are backdated to the time that you are first entitled to PIP.

Only if you would have been entitled at the start of PIP. If you were not entitled to SDP at the start of PIP and then there was a change and you did not report the change... then you are not entitled to a backdated SDP to the date of the change which you did not report.

My advice is you have done all you can, the complaints team will get this resolved. Or you could ask your MP to intervene again. 

They've already found in favour of the OP, stating exactly when they are entitled.

The issue here is that they haven't paid the amount they themselves stated the OP is entitled to.

OP, try your MSP again, also put in a written official complaint, send it signed for as your treatment has been appalling. Also ask the first guy you spoke to on the phone be disciplined, as that is terrible customer service.

Thank you.

Unfortunately, I never caught the name of the first guy, but I was in total shock at his comments and attitude. He kept telling me that it was up to me to prove that I live alone. I even said "I'll take photos/video of the rooms in my house to show you that there isn't even room for a single bed." Even in following written statements from myself to DWP, I said the same and even invited them to just turn up at my home uninvited to see for themselves.

Although on the phone calls, it's claimed that calls are (or may) be recorded, and I only hope that that particular one was.

I'm definitely going to contact the MSP again - although I don't know when they'll have time to see me now since 4th July changes - but I will put in a written complaint.

It hacks me off that someone was dealing with the backdated money as they paid me the £1680, and the letter following the payment confirms that it's not the full amount, so it seems an absolute lack of communication between the various DWP departments.

No surprise there, tbh.

xxxxxxxx

Danien said:

They've already found in favour of the OP, stating exactly when they are entitled.

The issue here is that they haven't paid the amount they themselves stated the OP is entitled to.

I did read the OP, and I (obviously) wanted to correct what could be read as incorrect advice. 

I answered the issue that he had, (said pretty much the same as you). I disagree with complaining again, he has submitted a complaint online and it will be dealt with.

xxxxxxxx

OP,

To clarify my earlier reply, the complaint online is all you have to do, it will be resolved. Writing a written complaint recorded delivery, is a waste of time and money.

Please bear in mind that ESA notes for your claim space is very limited, and every time you call, another note has to be added to the record. 

The DWP is supposed to record all of your notes and when the notes-space gets full they are allowed to delete what can be described as insignificant notes,  But otherwise they are supposed to print-screen the notes and save them to semi-permanent record for the life of your claim. 

Also bear in mind humans don't like doing work, i.e. they would rather delete than save. 

Your repeated calls notes, could be deleted rather than saved, however, there is an argument they should not be deleted whilst the issue is still unresolved, but most people would not realise this.

My point being, if the person you spoke to, who was unprofessional, had left a note which identified himself saying you were not entitled, there could have been a slim chance of identifying him.  

The more you phone, the more notes have to be added, and the higher the chance his original note will now have been deleted rather than saved.

You can phone ESA again and ask them to look for a note on the day you spoke to him, (I think you said it was a call back) ask them to read the note to you. Ask that they do not delete that note.  
You can ask for a print out of all the notes which are held in the "live" notes section and you can ask for print outs of all claim notes which have been printed and saved in the Document Repository System.

Murphybear

TeenageQueen said:

xxxxxxxx said:

TeenageQueen said:

Backdated payments of SDP are one of the very few benefits that are backdated to the time that you are first entitled to PIP.

Only if you would have been entitled at the start of PIP. If you were not entitled to SDP at the start of PIP and then there was a change and you did not report the change... then you are not entitled to a backdated SDP to the date of the change which you did not report.

My advice is you have done all you can, the complaints team will get this resolved. Or you could ask your MP to intervene again. 

Thanks. Though the DWP have admitted that I am 100% entitled to it from the start. Their error was also that I wasn't automatically put on SDP at the start, though this seems to be the case with many claimants too.

I'll definitely be contacting my MP again.

Our pre election MP was very good at helping his constituents.  I was waiting for what seemed like forever  to get a response from the DWP.  He contacted them the day after I requested his help and I heard from them a few days later.  He helped with an application for U.K. Citizenship for a friend.  She’s been living in the U.K. and married a U.K. citizen 10 years ago.  She wouldn’t have been a burden on the taxpayer, she is a qualified surgeon 

Sadly he lost his seat in the recent election, I hope the new MP is just as good.  

TeenageQueen

xxxxxxxx said:

OP,

To clarify my earlier reply, the complaint online is all you have to do, it will be resolved. Writing a written complaint recorded delivery, is a waste of time and money.

Please bear in mind that ESA notes for your claim space is very limited, and every time you call, another note has to be added to the record. 

The DWP is supposed to record all of your notes and when the notes-space gets full they are allowed to delete what can be described as insignificant notes,  But otherwise they are supposed to print-screen the notes and save them to semi-permanent record for the life of your claim. 

Also bear in mind humans don't like doing work, i.e. they would rather delete than save. 

Your repeated calls notes, could be deleted rather than saved, however, there is an argument they should not be deleted whilst the issue is still unresolved, but most people would not realise this.

My point being, if the person you spoke to, who was unprofessional, had left a note which identified himself saying you were not entitled, there could have been a slim chance of identifying him.  

The more you phone, the more notes have to be added, and the higher the chance his original note will now have been deleted rather than saved.

You can phone ESA again and ask them to look for a note on the day you spoke to him, (I think you said it was a call back) ask them to read the note to you. Ask that they do not delete that note.  
You can ask for a print out of all the notes which are held in the "live" notes section and you can ask for print outs of all claim notes which have been printed and saved in the Document Repository System.

Thanks, this is REALLY helpful. I think the original guy who called me back (the first and rude one) must have (wrongly) assumed that I'm a 'stupid' woman that would back down rather than me spend a year chasing this, lmao!

You're right, I never knew about notes being deleted!! I have been recording the calls via an app on my phone of late. It automatically records all incoming and outgoing calls (Although, I only got the app specifically because of this ongoing issue, so I delete any others or mark them to NOT record). So, at the end of the day, I have audio proof now.

Your response has put my mind more at ease, and I'll definitely be asking for a print out.

Thank you!

TeenageQueen

Murphybear said:

TeenageQueen said:

xxxxxxxx said:

TeenageQueen said:

Backdated payments of SDP are one of the very few benefits that are backdated to the time that you are first entitled to PIP.

Only if you would have been entitled at the start of PIP. If you were not entitled to SDP at the start of PIP and then there was a change and you did not report the change... then you are not entitled to a backdated SDP to the date of the change which you did not report.

My advice is you have done all you can, the complaints team will get this resolved. Or you could ask your MP to intervene again. 

Thanks. Though the DWP have admitted that I am 100% entitled to it from the start. Their error was also that I wasn't automatically put on SDP at the start, though this seems to be the case with many claimants too.

I'll definitely be contacting my MP again.

Our pre election MP was very good at helping his constituents.  I was waiting for what seemed like forever  to get a response from the DWP.  He contacted them the day after I requested his help and I heard from them a few days later.  He helped with an application for U.K. Citizenship for a friend.  She’s been living in the U.K. and married a U.K. citizen 10 years ago.  She wouldn’t have been a burden on the taxpayer, she is a qualified surgeon 

Sadly he lost his seat in the recent election, I hope the new MP is just as good.  

Thank you. This is what I'm concerned about, too. I recieved an email from the outgoing one last night to say that, by law, he has to deleted data unless we specifically asked them not to before 1st July. I didn't know about asking them to retain it, although I've emailed back to ask if it could be retained. Sadly, though, it's not showing in my 'sent' box, so I'm wondering if his email address is now closed down.

However, as the office is just around the corner from me, I will keep checking for when it's opened again.

TeenageQueen

An update... Now it has increased to 11 managers who have not called me back.

With this call, I was on hold for 58 mins with that horrendous music before the call was answered by a human. Total call time: 1hr 40 mins. 

I've put in an official complaint (as of 10/7/24) and this, below, is from the gov.uk website:

3. A dedicated member of our Complaints team will then contact you within 15 working days, usually by phone, to talk about your complaint and agree how to investigate it. They will tell you the outcome or when you can expect a response, if it will take longer.

I shan't hold my breath....