Posted , 3 users are following.
DLA to PIP lost and appealed I was also getting SDP I went to appeal and won after 10 long month I was just wondering will all my Benifits be reinstated or do I have to apply for the backdated SDP again myself
1 like, 14 replies
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irene05865
Posted
denise15811 irene05865
Posted
HI,
Great news on winning that Appeal. You'll have to re-apply for the SDP because it's not automatically awarded. If you qualified the whole time then it will be back dated to when the original PIP decision was made. You won't be able to apply for this untill your payments for PIP start. Depending on how long ago you won your appeal this could take several weeks. DWP do not rush theirself when someone wins an appeal.
They can also appeal that decision. Which means they will most likely make you wait a minimum 28 days because this is how long they have to ask for the Statement of Reasons (SOR) from the Tribunal. In order for them to appeal that decison they must find an error in law in making that decision. Then they have to apply to the Upper Tribunal. Mostly they don't because it's ectremely difficult to find that error in law. Hope this helps.
denise15811
Posted
Also forgot to ask, i'm guessing it's a Daily living award you have? This is one of the criteria for SDP.
irene05865 denise15811
Posted
Thanks for your reply Denise yes it’s daily living so even though I won appeal and was in receipt of SDP I will have to reply again doesn’t seem fair I have to apply again after winning appeal thanks for all your advice xx
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irene05865
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denise15811 irene05865
Posted
Yes i'm afraid you will. As i said SDP isn't automatically awarded and your original claimed ended, so now you have to re-apply. It's an extremely easy form. Once it's sent it should only be 3-4 weeks before your payments start again.
irene05865 denise15811
Posted
denise15811 irene05865
Posted
You're welcome. Yes and you'll also have to wait until your PIP payments start as stated in my other post. Frustrating i know but that's how DWP work. Hopefully you're not waiting too long for your PIP to start.
Blueeyes57 irene05865
Posted
Well done for persevering. It makes me so angry that they make you jump thru so many hoops but hopeful as I to an waiting for decision, but don't expect it to be granted without appeal, send to be easy it goes. As far as aware they should back date all benefits automatically. If you could give some insight into what the appeal was like and any pointers I am sure it will be helpful to myself and many others.
Blueeyes57
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irene05865 Blueeyes57
Posted
irene05865
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denise15811 Blueeyes57
Posted
When you say they should back date all benefits automatically, that's not true for Severe Disability Premium (SDP) this benefit is not automatically awarded, it has to be applied for. This includes those that were claiming previously. You'll be completely amazed at the amount of people of didn't and still don't know this benefit even exists. People are owed thousands, literally because of this.
denise15811 irene05865
Posted
The Tribunal will automatically tell the DWP about the decision. DWP then have 28 days to ask for the statement of reasons, in which they'll need if they choose to appeal the decision. They have as much right to appeal as we do. Hopefully for you this won't happen. It could possibly be close to xmas before you see any backdated money. Not something you wanted to hear, i know. I'm just being honest.