Got client who has been in receipt of DLA since 1996 due to very severe DVT of one leg.

In 2003 the client decided to work 16 hours per week as a taxi driver as his main problem is walking but his driving is ok.

The client started work and informed DWP IB section only.

Client has just received notification that his DLA is to stop retrospectively back to 2003 due to the work as a taxi driver.

The DM has superceeded the earlier decision because client was working and sent an EMP to do an examination and report.

We have appealed and are at submission stage, we've written to the GP and are just waiting to hear from him - he's one of our better GP contacts and we're confident of a good report, especially as he was never happy with our client doing this type of work in the first place.

Does anyone have any suggestions or case law for us that could help?

I'm not sure there is much case law that helps here. The main point is that being able to work is not a bar to DLA. If the only reason for changing the awarding decision is that your client has taken up work, the DM's position is irrational, in the literal sense of being unsupported by any good reason.
What does the EMP report say? Does it suggest that your client no longer meets the conditions for his award?

Don't they all?!

The EMP was a well known one who seems to write "in my opinion claimant should be able to walk 200 metres without severe discomfort" for every report he does.

We do of course have all the usual arguments at the ready, especially the fact that this EMP report cannot reflect how the client was in 2003. Was just wondering whether there was anything i'd never heard of out there!

Thanks anyway.

This isn't of any practical help to your client I'm afraid, but I would draw attention to a recent report by Social Enterprise Partnership GB, "Addressing disincentives to work associated with the welfare benefits system in the UK and abroad" - see http://www.sepgb.co.uk/downloads/disincentives.pdf for pdf file.

Although I feel the report is very weak with regard to recommendations for the need for independent advice to people moving into work as well as, or rather than, relying on advice from DWP/JC+ staff, it does make a recommendation (6) that DLA should be safeguarded during the first 6 months of employment and ensure it is not withdrawn prior to review with an aim to:

"remove the disincentive caused by the widespread misconception that DLA is always withdrawn on entry to employment. It also aims to remove the risk of administrative error whereby it is withdrawn prior to review"

From the experiences of your client, it has to be said that the widespread misconception would actually appear to be more of a widespread truth....

Thank you. We'll read this report and see what, if anything, we can do with it.