Please can someone help with this?

Client claiming DLA LC since 1998 when aged 63yrs. This year she asked for a revision on basis of worsening circ's and new DLA pack sent out. However, she soon recovered from this worsening after the pack was sent in and an EMP had visited (report supports LC).

DWP make a decision that she is not entitled to AA(!) and stop her DLA. It later transpires that DLA stopped as they state it was paid in error all along - it was a limited 1yr award (later changed to 2yr award in their appeal submission - still without any documentary proof of this as it has been destroyed) and cl never returned DLA claim pack at that time (cos she never received it!)

DWP wont let us consider this as a DLA appeal, so it has been appealed as an AA decision.

First UAT adjourned for further sub by DWP on issue of DLA. DWP just state the same still with no documentary proof, that it was a limited DLA award but files have been destroyed.

UAT now listed for Nov.

On evidence we have, and on basis of what cl states her needs are, there is no hope of AA as none of the tests can be satisfied. However, EMP and cl evidence supports DLA LC.

There obviously has been an error - but what the error is in not certain ie was the award just 1yr, or is the error that it was for life but DWP payments in error put it as 1 (or 2)yrs. DWP cannot prove one way or the other. Neither can we...

So, back to the tribunal, still listed as an AA one. Can I argue that as DWP have not shown beyond what they state is their opinion that cl's claim for DLA was not for life, the UAT should be a DLA one? Is there any caselaw to support this - I was thinking of the massive tribunal of commissioners dec which allows UATs to correct defective DWP decisions (on the basis that as a fact she was paid DLA from claim all the way to the worsening of circ's incident.)