DLA LRM to MRC & HRM aged 69 - Supersession?

Hello,

I have a client aged 69 who has been in receipt of DLA LRM for approx 10 years. Can I ask for a supersession (do not have grounds for revision) on the grounds that he meets disability conditions and did do before he turned 65?

As I understand it from CPAG pg 586 I can try and get him onto in my view, MRC and HRM by asking for a supersession.

Is it likely to be as straightforward as CPAG suggests? Will we have to supply medical evidence for past 4/5 years?

Thanks for any pointers!

You can ask for supersession of care component at any time, regardless of when the deterioration was. It is only the mobility part where this becomes tricky. In order to qualify for HRM you must show the deterioration was prior to the client turning 65 and good reason they did not apply at the time of the deterioration. It is very likely you will need to provide evidence to show the deterioration was 4 years ago at least. Of course, as with all supersessions, the whole award is at risk. It is very unlikely to be straightforward unless you have great medical evidence that shows the client would have qualified for HRM had they asked before turning 65.

You will need good medical evidence showing he was VUTW before his 65th birthday and has remained so since then. 

A consultant letter confirming he had both legs amputated shortly before his 65th birthday would do, otherwise you might have an uphill struggle.