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Backdated PIP
- Gandalf
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10 years 3 months ago #128784 by Gandalf
Replied by Gandalf on topic Backdated PIP
So, if you lose a leg , and in your DLA claim the doctors advice to the DWP is that it is an ingrowing toenail, there is no way to claim anything back if it is later established that you did indeed lose a leg ?
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- Gandalf
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10 years 3 months ago #128785 by Gandalf
Replied by Gandalf on topic Backdated PIP
Thanks anyway , I'll find other advice and go for this supersession route.
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- Gordon
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10 years 3 months ago #128791 by Gordon
If you made a claim for DLA in 2007 and were either refused an award or given one at a rate under that which you expected, then you had 13 months from the date of the Decision to make an appeal, this is an absolute limit. there is no opportunity for you to re-visit a Decision made 7 years ago.
Also, neither PIP nor DLA is awarded due to a specific diagnosis, you would have been suffering the effects of these conditions when you made your claim and presumably included this information on your claim form, whilst a proper diagnosis may have added credibility to your stated care and mobility needs, they would still have been considered.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Backdated PIP
Gandalf wrote: I did make claim in 2007. I thought I might have a case under a supersession application in that the DWP were not making the decision with the correct information , only the misdiagnosis they were given at the time.
If you made a claim for DLA in 2007 and were either refused an award or given one at a rate under that which you expected, then you had 13 months from the date of the Decision to make an appeal, this is an absolute limit. there is no opportunity for you to re-visit a Decision made 7 years ago.
Also, neither PIP nor DLA is awarded due to a specific diagnosis, you would have been suffering the effects of these conditions when you made your claim and presumably included this information on your claim form, whilst a proper diagnosis may have added credibility to your stated care and mobility needs, they would still have been considered.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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10 years 3 months ago #128793 by Gordon
Best of luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Backdated PIP
Gandalf wrote: Thanks anyway , I'll find other advice and go for this supersession route.
Best of luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jonathan
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10 years 3 months ago #128794 by Jonathan
Replied by Jonathan on topic Backdated PIP
In addition to Gordon's excellent advice, even if a supersession were possible (which, unfortunately, it isn't in your circumstances), it would not result in backdated money.
From Citizen's Advice : "A benefit decision is a legal decision that can only be changed if the law allows. One of the ways that a decision can be changed is by supersession. A supersession decision changes the benefit decision from the date the change happens, rather than the date when the decision was made. If you’re owed any extra benefit, you’ll only get if from the date of the change, or the date when the DWP becomes aware of the change. You can’t be backdated any money."
From Citizen's Advice : "A benefit decision is a legal decision that can only be changed if the law allows. One of the ways that a decision can be changed is by supersession. A supersession decision changes the benefit decision from the date the change happens, rather than the date when the decision was made. If you’re owed any extra benefit, you’ll only get if from the date of the change, or the date when the DWP becomes aware of the change. You can’t be backdated any money."
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- bro58
10 years 3 months ago - 10 years 3 months ago #128795 by bro58
Replied by bro58 on topic Backdated PIP
Last edit: 10 years 3 months ago by bro58.
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