PIP cannot be bdated for more than 4 weeks from date of decision regardless of when DLA revision requested

My client applied for a review of his DLA in June of 2013. The medical was done in January 2014. However, he has only been paid from 16 August 2014, 4 weeks before than the decision. I asked for a mandatory reconsideration then appealed. The DM has now asked for the appeal to be struck out because it has no chance of success quoting the regs as on review of DLA an award of PIP cannot be backdated for more than 4 weeks. I can follow the logic if the DWP instigate the review but not if its the claimant.

If the DM is correct I am going to argue official error because it took the DWP too long to have the medical done. The basis is that the DWP failed to instigate the medical until we chased it up. Comments are welcomed?

Thank you for them

http://www.rightsnet.org.uk/forums/viewthread/6464/

There’s this thread which may help you…...