is Severe Disability Premium time limited? claming approx 12 years backdate
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well thanks for your advice. All points in all comments noted.
Re phone calling, will try again to ESA and to IS when with man I'm helping. However to cover myself, to prove that I've been trying instead of recording calls, not getting through, and not receiving call backs, I'm going nuclear: meaning as well as calling, trying to get through etc etc, I'm going the whole hog with this SDP claim for him once and for all, and writing a number of letters come what may so that I know I've covered every possible angle I'm aware of at this time, so that I can place copies of letters on his file with proof of posting certs.
But I will also pursue the phone call route. One thing about phone conversations, I've noticed how DWP staff deliberately distract / divert from the issue at hand in order to avoid it being addressed. One day they will say one thing (invested) and say something completely different another day.
Also another point to note, when the man I'm helping was awarded SDP, 9th Jan 2010 ESA letter 16th Jan 2018 didn't state this, it just added it on one of the other pages, (and on first page just stated this letter is because of "a recent change" ) but wording of letter does not say we're sending you this letter because you have been awarded SDP... (smell a rat going on here or what???!!!) it is a clever letter to try and make claimant forget about his backdate! Because if it had read, ...this letter is about SDP and not mentioned SDP backdate this would have prompted claimant to have been reminded about his backdate for SDP....remember DWP abuse the mentally ill by ignoring them and they know mentally ill people live in fear of their benefits being cut off!!! fact.
So letters are:
1. letter to DWP to complain about DWP are ignoring issue...
2. letter to ESA to appeal against decision of ESA on basis that extra money for SDP but no mention of backdate. (sending them copy of DWP complaint too. (time limit on this ONE MONTH so must be done, can't rely on wishy washy phone calls for this one must be done in writing.
3. letter to IS stating that in original letter along with IS10 form for SDP backdate IS to mentioned. and to ask for backdate to be applied to IS
4. Letter about ESA and IS regarding SDP subject access request asking for all relevent information including when he first received DLA at middle rate. And asking them to check the computer systems...
This all no doubt will cause more work for DWP but they only have themselves to blame for if they had communicated with him/ us, i.e. me acting on his behalf then we would know what is going on.
But as I wrote, it would appear that the tactics being used by DWP is to ignore in hope that claimant will be content with latest award for SDP and forget about the backdate owing to him.
Basicly by withholding the SDP funds, over all those years, the DWP have been stealing his money, funds that he had been entitled to. And if he had received those funds he could have better funded his care over the years and not gotten into debt and thus suffered as a result.
I'll keep you updated of any results of phone calls and any replies dur to letters. They will have 40 days to respond to subject access request. I't a nightmere for me to form these letters but it must be done. It's the DWP's fault. They only have themselves to blame for trying to cover up the fact of their shamful wrongdoing for all these years. And now that they've been found out they are doing the obvious; the silence.
It's difficult for me to feel any empathy for staff at DWP having experienced the way they had treated the man I'm helping. I get the impression that their behaviour is widespread. People are suffering because of them. Treasury happy to take our tax but target the vulnerable in order to save as much as they can so as to channel funds to their friends through private sector contracts; the same people that do the job of targeting the sick and disabled, i.e. Capita / Atos ... note Capita shares drooped 47% today... this maybe the reason the man I'm helping not receiving any reply...I'll suspend my judgement.0 -
Ok.bill_rogers wrote: »well thanks for your advice. All points in all comments noted.
Re phone calling, will try again to ESA and to IS when with man I'm helping. However to cover myself, to prove that I've been trying instead of recording calls, not getting through, and not receiving call backs, I'm going nuclear: meaning as well as calling, trying to get through etc etc, I'm going the whole hog with this SDP claim for him once and for all, and writing a number of letters come what may so that I know I've covered every possible angle I'm aware of at this time, so that I can place copies of letters on his file with proof of posting certs.
Different people, different personalities, different level of knowledge, Bottom line, you don't want to talk to these people or ask them anything their opinions do not matter.....The only thing that is important is you ask them to get you a call back within 1 hour, because the last time you got through you were promised one and you did not get it.But I will also pursue the phone call route. One thing about phone conversations, I've noticed how DWP staff deliberately distract / divert from the issue at hand in order to avoid it being addressed. One day they will say one thing (invested) and say something completely different another day.
WHAT !!! I thought the whole premis of the story was that he has never had SDP ? Have you seen his bank statements from 2010?Also another point to note, when the man I'm helping was awarded SDP, 9th Jan 2010
The next time you get through to ESA or to IS ask them what rate his payments were on IS when it finished, and on ESA when it started. (they may not tell you if he is not with you as that is a grey area for them) but maybe the call back person will tell you.
This is the standard wording of ESA letters, they always say "because of a recent change" they never say what the change was.ESA letter 16th Jan 2018 didn't state this, it just added it on one of the other pages, (and on first page just stated this letter is because of "a recent change" ) but wording of letter does not say we're sending you this letter because you have been awarded SDP...
I told you about those conspiracy theories, they are not good for you.(smell a rat going on here or what???!!!)
More conspiracy, you are barking up the wrong tree.it is a clever letter to try and make claimant forget about his backdate! Because if it had read, ...this letter is about SDP and not mentioned SDP backdate this would have prompted claimant to have been reminded about his backdate for SDP....remember DWP abuse the mentally ill by ignoring them and they know mentally ill people live in fear of their benefits being cut off!!! fact.
2. Actually , no, does not have to be in writing, just ask on the phone for a mandatory Reconsideration on the period of SDP award not being backdated...you could also ask for A Verbal Explanation call back from the decision maker.So letters are:
1. letter to DWP to complain about DWP are ignoring issue...
2. letter to ESA to appeal against decision of ESA on basis that extra money for SDP but no mention of backdate. (sending them copy of DWP complaint too. (time limit on this ONE MONTH so must be done, can't rely on wishy washy phone calls for this one must be done in writing.
3. Just say "Mr Man wishes for SDP to be applied for the IS claim from 2004 - 2010, if you wish to send us a form to be completed for this please do so, but I would prefer it if you could phone me on 01233 xxxxxx and do an eIS10 by phone or just to phone me to discuss this thank you.3. letter to IS stating that in original letter along with IS10 form for SDP backdate IS to mentioned. and to ask for backdate to be applied to IS
You will have trouble with this one, Try asking for a Subject Access Request to confirm ALL historical payments of ALL benefits including DLA and IS and ESA and mention in your letter the DWP BEXBIT system that holds the historical payment information.4. Letter about ESA and IS regarding SDP subject access request asking for all relevent information including when he first received DLA at middle rate. And asking them to check the computer systems...
(although BexBit may be difficult to find it is not a commonly used resource, not many people know about it, and it may have even changed name by now or become obselete.....I don't know)
Ok, thanks, I will be interested.I'll keep you updated of any results of phone calls and any replies dur to letters.
I hope so. You will find it is easier if you do....I'll suspend my judgement.0 -
1. called IS this morning, was not with the man I'm helping told them that, they didn't want to speak with me. I was recording the call, didn't tell them this though. Asked the lady to speak to her manager. She refused at first, I said I was making a complaint to DWP, she changed her tune and put me on to a team leader. Team leader said would post out IS10 for income support.
2. But I had written that when I completed the IS10 for ESA I had requested that that form be treated as a claim for SDP arrears for both ESA and IS, thus ESA or the handling department should have sent to both departments. But nevertheless since he has not heard anything pertaining to his arrears then I am following advice and claiming IS10 arrears for IS again.
3. I've cut the letters down to three letters/docs, one is subject access request filled in SANTA01 other letter was appeal to decision for ESA on basis that it does not state anything about arrears. (since you have 1 month to appeal) last letter complaint to DWP since ESA/IS have not been in contact and no updates. Also sent DWP copy of subject access request.
will keep you updated. when IS10 form is received for IS will complete and send signed for. and keep a copy.0 -
WHAT !!! I thought the whole premis of the story was that he has never had SDP ? Have you seen his bank statements from 2010?
HE had never received any SDP, only just been applied as wrote in prevoius post, from 9th JAN 2018 but claim was made in DEC 2017 but no arreras have been paid, relating to either IS or ESA. He has been entitled to SDP since claiming DLA middle rate care 2004/5 ish and during this period since he'd been in receipt of IS and then ESA, mirgared. Have checked with him regaring both IS/ESA informs me had never been paid this extra SDP money. Only now have they started paying him from 9th Jan 2018 due to me claiming it for him in Dec 2017 by phone and then filling in IS10 and sending that back with a letter asking for arreras for SDP for both ESA and IS.0 -
Good call no pun intended but I'll take the credit.bill_rogers wrote: »1. called IS this morning, was not with the man I'm helping told them that, they didn't want to speak with me. I was recording the call, didn't tell them this though. Asked the lady to speak to her manager. She refused at first, I said I was making a complaint to DWP, she changed her tune and put me on to a team leader. Team leader said would post out IS10 for income support.
It does not work like that, you cannot claim it for 2 different benefits on 1 form, there has to be 1 form per address per benefit. The form you sent to ESA will be dealt with by ESA and will remain "ESA property" so to speak.2. But I had written that when I completed the IS10 for ESA I had requested that that form be treated as a claim for SDP arrears for both ESA and IS, thus ESA or the handling department should have sent to both departments. But nevertheless since he has not heard anything pertaining to his arrears then I am following advice and claiming IS10 arrears for IS again.
One form required for IS
Two forms required for ESA however, getting a positive result on IS to the end of the claim in 2010, should mean that ESA will then apply that rate of benefit onto ESA from 2010...so no need for second form on ESA.
The last letter = waste of time. ESA has awarded SDP and sent a letter telling him of new award rates. You disagree with no backdating, ok, you phone ask why not backdated..you have not done this. i.e. you have not asked to speak to the decision maker for a verbal explanation, you have right for man recon, ok, but you have no cause for a complaint..... The DWP is not going to write to everyone to give them a personalised service, the DWP has decisions, when decision made and claim award is changed ..standard generic computer generated letter goes out (you got this letter) DWP has done all it is required to do....letters say "if you want to know more call us."3. I've cut the letters down to three letters/docs, one is subject access request filled in SANTA01 other letter was appeal to decision for ESA on basis that it does not state anything about arrears. (since you have 1 month to appeal) last letter complaint to DWP since ESA/IS have not been in contact and no updates. Also sent DWP copy of subject access request.
Indeed.will keep you updated. when IS10 form is received for IS will complete and send signed for. and keep a copy.
*Ok so it was a typo 09 Jan 20100 -
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!
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.
I had called TWICE after he had made the claim for SDP and the arrears, but the DWP staff didn't seem to know anything. Letters therefore will move things forward. In the end, DWP will have to answer, will have to account for why they had not answered phone call questions, why they had not called back, why they had not kept the claimant in the loop.
The DWP system is in a mess because of how it's structured so that forms / applications / letters are not processed as fast as they should be.
I still believe that the DWP's mind-set is, 'oh well we are paying SDP now and we hope he'll forget about any arrears we owe and not get in contact with us about it.' / This is why I have appealed within 1 month in writing as the ESA letter reads. So I hope readers will understand my mind-set, I'm trying to do things by the book so to speak without getting the run around on the 1 hour waiting time for a call to be answered only to get no where!:mad:
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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.0 -
Good call no pun intended but I'll take the credit.
*Ok so it was a typo 09 Jan 2010
no, no typo, the 9th JAN 2018 this date he received SDP from or they paid from, but still no arrears. the mistake I made was to write 10th jan 2018 but the letter states they are paying SDP from 9th Jan 2018.
I'm going to give you the biggest credit if I can get this case out of my life once and for all. hopefully I'll get treated with a box of assorted chocolates. I'll save you some of the nice ones. :A0 -
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It is never automatic,
wow you have a great depth of knowledge on this subject
i'd love to pick your brains about the questions i'm going to ask when i can post my own thread, seems to be a glitch whereby i cannot post new threads or comment on threads without quoting
i was on dla for 6 years before it changed to pip
for the majority of that time i was on the two lower rates
but in 2015 after they sent me out a form to re-do my dla claim i was awarded the middle rate of care
to coincide with this a couple of months before i was moved to support group esa
i was happy about this, and very happy about the bump in dla
so i was shocked when i got a letter through the door a few weeks later saying as i was on esa support group, dla middle or higher component i could be eligible for sdp
i'd never heard of it, they asked me to fill out the form provided
it wasn't a form tbh i couldnt believe it, it was a single page with 3 questions on it, am i in esa support group - yes. do i get middle or higher rate of dla care component - yes. do i live alone - yes.
i ticked yes to all three boxes, and sent of the form
if i wasn't already pleased enough about being moved to the support part of esa, then being awarded the middle part of dla care, i was elated a few weeks later when 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
with the esa support group increase, the dla care component increase and now this i think i was about £125 a week better off all of a sudden
and the sdp i would've had no idea about if they hadn't sent me that form out when i moved up to the middle rate of dla care, i'm not sure what but something must've triggered them sending me out that form saying they think i'm entitled to it (and me very quickly seeing what the 3 questions were and that i clearly was)
it seemed a bit automatic like i was now on a certain level of dla and that had triggered them sending this info and form, although i struggle to call the single piece of paper with 3 questions on it a form
i'm glad they did or until this day i wouldn't even know the benefit existed and had never heard of it prior
maybe they have different systems these days that generate these forms being sent out when they think someone meets a certain criteria?0 -
bill_rogers wrote: »no, no typo, the 9th JAN 2018 this date he received SDP from or they paid from, but still no arrears. the mistake I made was to write 10th jan 2018 but the letter states they are paying SDP from 9th Jan 2018.
Bill, read your post number #22
"Also another point to note, when the man I'm helping was awarded SDP, 9th Jan 2010"
This was the typo.
Thank you, I do like chocolatesI'm going to give you the biggest credit if I can get this case out of my life once and for all. hopefully I'll get treated with a box of assorted chocolates. I'll save you some of the nice ones. :A
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