Do ESA and PIP back date payments if they are late to do assessments?

bottleofbestbottleofbest Posts: 8,026
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Hi all,

Some of you already know of my situation in regards to my health.

I am currently waiting on two assessments; one from PIP (Personal Independence Payments)
the old disability living allowance and the other from Atos for ESA. I have been waiting over 5 months for both.

My specialist has wrote to both of these parties and explained that I am unable to work etc.

Both parties have confirmed that they have received the letter and because of what is stated in the letter I would need either a home assessment or a phone assessment. They have both advised that there is a huge back log and I won't be seen for the forseeable future. An Atos Rep just told me that the chance of having a assessment is indefinite at the moment and could take more months.

All the while I am struggling financially and I don't know what to do, I feel at a loss.

Once these decisions have been made, will they backdate payments to when I originally claimed? I feel this is only fair, seeing as they are the one's unable to do the assessments.
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Comments

  • phepiaphepia Posts: 1,475
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    Yes to both, presuming you pass them.

    In fact last Friday I received £3500 backpay for Pip - I was awarded standard mobility, and enhanced care. I applied 8 months ago in July and had home assessment 22nd November. Not that fastest.

    Esa also backpay, but in my case they are refusing to backpay due to them claiming a tribunal result from a fit to work win overrules asking to move to support group 3 months after the tribunal win. My MP is helping me, but DWP will only pay me money from the date they moved me from wrag (won at tribunal) to support (awarded after asking for the supersession)

    So yes technically.
    Good luck :)
  • bottleofbestbottleofbest Posts: 8,026
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    Hi Phepia, thanks for the response and thank you for the help.
    It's a relief to hear, I just hope they accept me. The specialists letter certainly couldn't do any harm.

    Good look to you, I hope your MP is able to help you out. :)
  • phepiaphepia Posts: 1,475
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    Just noticed the Atos- you got assessment with them for Pip also?
    I had Crapita do mine.
    What area of West Midlands you in (no need to answer, just me being nosey :D )
  • bottleofbestbottleofbest Posts: 8,026
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    phepia wrote: »
    Just noticed the Atos- you got assessment with them for Pip also?
    I had Crapita do mine.
    What area of West Midlands you in (no need to answer, just me being nosey :D )

    Capita are doing my PIP and Atos are doing the ESA assessment.
    I'm in Dudley :)
  • callmedivacallmediva Posts: 1,862
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    Not really an answer to your qustion - I think it's already been answered, but I had my PIP interview yesterday with ATOS after applying for it in September!
    In August last year I had my first ATOS assessment for ESA and passed, I don't know how often they do these assessments, but they bloody hurt. I've got CRPS in my right shoulder and right ankle and both times they were trying to get my hand above my head - it won't do it unless somene pushes it and if they do I'm guranteed at least 2 days of extreme pain, so I'm typing this lef handed, so please exuse any typos :cry:
  • bottleofbestbottleofbest Posts: 8,026
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    callmediva wrote: »
    Not really an answer to your qustion - I think it's already been answered, but I had my PIP interview yesterday with ATOS after applying for it in September!
    In August last year I had my first ATOS assessment for ESA and passed, I don't know how often they do these assessments, but they bloody hurt. I've got CRPS in my right shoulder and right ankle and both times they were trying to get my hand above my head - it won't do it unless somene pushes it and if they do I'm guranteed at least 2 days of extreme pain, so I'm typing this lef handed, so please exuse any typos :cry:

    Bless ya, I'm sorry to hear that and I hope you heal soon.

    So I basically can expect it take up to 8 months. Crazy isn't it?
  • phepiaphepia Posts: 1,475
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    Not being picky but it was more like 8 1/2 months for me. I have read via facebook benefit sites of people at 8 months and still not being assessed! I think I got seen quickly because of the amount of moaning/complaints I did.
    (Not that I am trying to sound negative, just make you aware)
  • callmedivacallmediva Posts: 1,862
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    phepia wrote: »
    Not being picky but it was more like 8 1/2 months for me. I have read via facebook benefit sites of people at 8 months and still not being assessed! I think I got seen quickly because of the amount of moaning/complaints I did.
    (Not that I am trying to sound negative, just make you aware)

    yeah, my wife complained to our MP, next thing we know, I've got an appointment.

    Maybe MPs are good for something after all :D
  • callmedivacallmediva Posts: 1,862
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    Bless ya, I'm sorry to hear that and I hope you heal soon.

    So I basically can expect it take up to 8 months. Crazy isn't it?

    cheers

    My assessor said she'd just seen someone who had waited 3 months, so I guess it's the luck of the draw
  • bottleofbestbottleofbest Posts: 8,026
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    Well I guess speaking to my mp is at least worth a shot.

    Thanks to both of you x
  • tony321tony321 Posts: 10,594
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    callmediva wrote: »
    yeah, my wife complained to our MP, next thing we know, I've got an appointment.

    Maybe MPs are good for something after all :D

    Same as me , heard nothing for months then after I contacted my MP I get an appointment 2 weeks later
  • bottleofbestbottleofbest Posts: 8,026
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    tony321 wrote: »
    Same as me , heard nothing for months then after I contacted my MP I get an appointment 2 weeks later

    Well that just cements it then! Thanks Tony, you're always a help:)

    I think all this Bureaucratic redtape is utter BS.

    How are you and your wife doing?
  • RichievillaRichievilla Posts: 6,179
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    One important thing to note re PIP is that an increased award on migrating from DLA is not backdated. On the contrary you have to wait 28 days after the DWP make their decision for the PIP award to start.

    I have migrated from DLA higher rate mobility/lower rate care to PIP enhanced mobility/enhanced daily living. Because I migrated from DLA I have lost out on over £1,000 compared to a new PIP claimant who put in their claim on the same day as me, received the same award and on the same day as me. Just to top things off the DWP have messed up my first PIP payment (ie not paying anything) and have already given me factually incorrect information on 3 different occasions about what would be put into my account. Useless and unfair...well done DWP and IDS!

    Good luck to everybody with their claims.
  • bottleofbestbottleofbest Posts: 8,026
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    One important thing to note re PIP is that an increased award on migrating from DLA is not backdated. On the contrary you have to wait 28 days after the DWP make their decision for the PIP award to start.

    I have migrated from DLA higher rate mobility/lower rate care to PIP enhanced mobility/enhanced daily living. Because I migrated from DLA I have lost out on over £1,000 compared to a new PIP claimant who put in their claim on the same day as me, received the same award and on the same day as me. Just to top things off the DWP have messed up my first PIP payment (ie not paying anything) and have already given me factually incorrect information on 3 different occasions about what would be put into my account. Useless and unfair...well done DWP and IDS!

    Good luck to everybody with their claims.

    Thanks Richievilla for your advice and story too. I am sorry to hear you're also having difficulties and I hope you get sorted soon.
    God bless :)
  • phepiaphepia Posts: 1,475
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    One important thing to note re PIP is that an increased award on migrating from DLA is not backdated. On the contrary you have to wait 28 days after the DWP make their decision for the PIP award to start.

    I have migrated from DLA higher rate mobility/lower rate care to PIP enhanced mobility/enhanced daily living. Because I migrated from DLA I have lost out on over £1,000 compared to a new PIP claimant who put in their claim on the same day as me, received the same award and on the same day as me. Just to top things off the DWP have messed up my first PIP payment (ie not paying anything) and have already given me factually incorrect information on 3 different occasions about what would be put into my account. Useless and unfair...well done DWP and IDS!

    Good luck to everybody with their claims.

    MP/CAB are your friend in this case.
    Hope you get it sorted! They would soon be chasing you if they owed them money. Sounds similar to my case (Dwp refusing to pay correct money)
  • bottleofbestbottleofbest Posts: 8,026
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    phepia wrote: »
    MP/CAB are your friend in this case.
    Hope you get it sorted! They would soon be chasing you if they owed them money. Sounds similar to my case (Dwp refusing to pay correct money)

    Exactly what my wife said. If you owed them even a penny they'd be hunting you down.

    I've left a message with Ian Austin MP's office. Let's see if his secretary or someone responds. :)
  • RichievillaRichievilla Posts: 6,179
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    Thanks for the kind words bottleofbest and phepia. I emailed my mp yesterday explaining how unfair it is that DLA claimants cannot have an increased PIP award backdated and gave another example as well as mine. You could have 2 people who put in a PIP claim on the same day who were on the same level of DLA, and who receive the same PIP award. 1 assessment decision takes 6 months and the other takes 9. The latter will then be penalised by a further 3 months' increase in award just because the process took longer to complete. I also pointed out that this actually gives the DWP an incentive to be slow in completing assessments as the longer they take the more they save. I also asked why the PIP award takes 28 days after the decision to take effect, meaning it is 8 weeks after the decision that the first PIP payment is payable. I asked him to get Iain Duncan Smith to comment on this (and Rachel Reeves as the main migration from DLA does not take place until after the election) and asked if both will stop this unfair discrimination.

    In my case I am lucky that the £1,000 will not break me financially even though it could have been put to good use. It is about the principle and it will affect people who are in great need, and who will be expecting an increased award to be backdated. The least that the DWP should do if they are going to continue the unfair treatment of people migrating from DLA is to explain clearly when you put in the PIP claim that an increased award will not be backdated.

    I chased them again yesterday and was told that I need to speak to a case worker. They could not put me through to one and they said they would get one to ring me...which could take up to a week! My main immediate concern is that as they have messed up the daily living payment to me then have they sent the mobility payment to Motability? Hopefully the case worker will be able to put things right asap.
  • bottleofbestbottleofbest Posts: 8,026
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    Well my MP says he deals with these type of issues all the time and he is experienced in dealing with them and getting good results. He seems to think I will hear from both assessment companies within 3 weeks to inform me of a date for an assessment.
  • bottleofbestbottleofbest Posts: 8,026
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    I had a letter addressed to me from the House of Commons today from my MP. He informs me he has spoken with both parties already! Fast work! He says I should hear back from them very shortly. Looks like I won't be waiting for another four months for mine thank God!
  • bottleofbestbottleofbest Posts: 8,026
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    Guess what? I've just had a letter come through the post from Capita offering me a consultation at home on the 7/5/14! Funny, considering they had no appointments for the foreseeable future.

    Just got to wait for ATOS to come through now.

    Thanks so much for the help everyone!
  • phepiaphepia Posts: 1,475
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    Capita did my home visit in November 13.
    I had a male nurse who was very nice, nothing at all like my esa wca.
    I was semi lectured because he could see I was depressed but refusing anti depressant ( I have bad and good days, not down all the time so see no point)

    He was here for about an hour, and was thankful for a "explanations" document I had put together for esa and pip, as my memory is really bad- I even forget appointments if I had wrote them down 2 mins before.
    I wrote what things I can and can't do, the meds side effects in more detail than was on my pip form. HE was quite grateful as it made his life easier when writing up the report.

    I guess you know to refuse to do things that hurt/cause pain. I was told off for that too. I have OA in both shoulders/neck and can't lift them high. He could see I was in pain but kept lifting as much as it would go!

    At least you have a date soon, it will be nice to know you are one step closer to yes/no.

    How long has it been since you applied now? Took 8 1/2 months in total for me.
    Enhanced care, and standard mobility.

    Edit: I think your mp helped get that appointment! (Useful creatures sometimes)
  • bottleofbestbottleofbest Posts: 8,026
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    phepia wrote: »
    Capita did my home visit in November 13.
    I had a male nurse who was very nice, nothing at all like my esa wca.
    I was semi lectured because he could see I was depressed but refusing anti depressant ( I have bad and good days, not down all the time so see no point)

    He was here for about an hour, and was thankful for a "explanations" document I had put together for esa and pip, as my memory is really bad- I even forget appointments if I had wrote them down 2 mins before.
    I wrote what things I can and can't do, the meds side effects in more detail than was on my pip form. HE was quite grateful as it made his life easier when writing up the report.

    I guess you know to refuse to do things that hurt/cause pain. I was told off for that too. I have OA in both shoulders/neck and can't lift them high. He could see I was in pain but kept lifting as much as it would go!

    At least you have a date soon, it will be nice to know you are one step closer to yes/no.

    How long has it been since you applied now? Took 8 1/2 months in total for me.
    Enhanced care, and standard mobility.

    Edit: I think your mp helped get that appointment! (Useful creatures sometimes)

    Hey Phepia :) I have a letter from my specialist explaining my condition and the effect it has on my day to day life etc so that should be helpful to them in making their decision. I think I will probably write something down as well as Diffuse Oesophageal spasms still aren't very well understood and I look completely fine until I have a spasm and that's when it renders me basically unable to perform even simple tasks like even walking!

    The only issue I have is that if i'm not in pain when having the assessment, they may think I am capable of everything, because I basically am until I have one. I can walk distances until I have an attack, I can lift things etc.

    But I am unable to do thing's like go out by myself in case I have a fall, cook a meal, make a cup of tea or even bathe myself because it's too dangerous for me to do so as I don't know when they are going to happen.
    I have had one day back in November where I was unable to get out of bed due to the pain.

    I know it sounds crazy, but I am kind of hoping I have a bad one so they can see what I am actually like to make an educated decision! At the end of the day I lost my job because of this condition and blacking out etc. The likelihood of being able to get another is minimal. The meds the specialist is prescribing me are known to cause black outs due to the slowing of the heart and who's gonna want to employ someone who's known to have a non treatable condition and black's out 3-4 times a week clutching their chest.:(

    I applied for it in December and the MP definitely got me that earlier appointment. Bless him. Funny how persuasive an MP can be!:)
  • phepiaphepia Posts: 1,475
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    One thing I will point out for esa I beleive you need to be incapicitated 75% of the time to "pass", pip 50%. Repeatedly, reliably and safely.
    You say you black out, did you inform DVLA presuming you have a driving license?
    If so a copy of the letter does wonders.
    I lost my license back in August because the morphine patches cause me to become drowsy, dizzy and no balance (amongst other side effects). Great for evidence!
    I also would go onto a website that does the medication and print off a copy of the side effects- highlight ALL that fits you. I altumately lost my bus driving job due to this, ok the osteoarthritis helped but they refused to even allow me in the bus garage in case I blacked out on them. I had a works medical and went on their doctor. I stood up and fell to the floor with dizziness. At least that got me medical evidence also, but lost me my job :(
    Then do the same with a medical website. If they have knowledge of your problem they will know its not going to be 24/7.If not then make them aware.
    4 months isn't that long from pip point of view, so it will take a while yet. Took them over 4 months after assessment for Capita to send my report over, and less than 2 weeks to be awarded it over the phone.
  • bottleofbestbottleofbest Posts: 8,026
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    phepia wrote: »
    One thing I will point out for esa I beleive you need to be incapicitated 75% of the time to "pass", pip 50%. Repeatedly, reliably and safely.
    You say you black out, did you inform DVLA presuming you have a driving license?
    If so a copy of the letter does wonders.
    I lost my license back in August because the morphine patches cause me to become drowsy, dizzy and no balance (amongst other side effects). Great for evidence!
    I also would go onto a website that does the medication and print off a copy of the side effects- highlight ALL that fits you. I altumately lost my bus driving job due to this, ok the osteoarthritis helped but they refused to even allow me in the bus garage in case I blacked out on them. I had a works medical and went on their doctor. I stood up and fell to the floor with dizziness. At least that got me medical evidence also, but lost me my job :(
    Then do the same with a medical website. If they have knowledge of your problem they will know its not going to be 24/7.If not then make them aware.
    4 months isn't that long from pip point of view, so it will take a while yet. Took them over 4 months after assessment for Capita to send my report over, and less than 2 weeks to be awarded it over the phone.
    Thanks for all the sound advice Phepia, you have been brilliant and have really opened my eyes.

    I didn't know that about the incapacitated percentage. I can't really measure a percent to be honest. All I can say is that I suffer hourly throughout the day and night with the pains but some are littler than others and only make me wince. I full on fall to my knees due to the pain around 3 times a day and black out with excruciating pain 3-4 times a week.
    The dr is going to be trialling me on a medication that should help with the pain shortly, only issue is the side effects, it slows your heart rate down and are at even more risk of collapses or black outs. When i go on this medication they will certify me as unfit to drive and revoke my licence. They haven't done so yet because they were waiting on definitive results which they now have. I'm seeing on the 29th of this month to discuss this medication etc so will have it just in time for my assessment.

    I'm not sure how much research they can do into my diffuse oesophageal spasms as not much is known about the condition or how to treat it effectively so I will most likely have to tell them about it and also present them with the explanation letter from my GI doctor again
  • eloise 53eloise 53 Posts: 230
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    Ok here goes, been getting DLA since 2007, last year had a failed Op on my hip that made my pain worse, have been unable to work since last April, in Oct I applied for ESA and got it ( assessment later today )
    In Dec 2014 I called DWP re my DLA to be told I could lose it, they sent out forms which I returned on 18/12/14 initial call was 04/12/14.

    I have had an assessment, and been awarded STANDARD Daily Living Component and ENHANCED Mobility,
    The letter that came with the decision States my DLA will cease on 31/03/15 and my PIP will commence the following day.
    What confuses me is surely the PIP should be backdated to the original call I made, or at least I should be back paid the difference between the 2 amounts, can anyone PLEASE advise.
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