I have a client who claimed DLA in July 08. He was turned down in Nov 08. We have evidence that he had an operation in June and this resulted in worsening mobility problems. He states that he already had some mobility problems, but we may have problems proving this was enough for higher mobility. He therefore may not have satisfied the 3-month backwards rule when he made the DLA claim. However it took the DWP till Nov to make a decision. Therefore in our appeal is there any way to argue that he should be eligible for DLA from September (3 months after the condition got worse?) as this was still before the date of decision.

Any help would be appreciated.

Thank you

Laura

The tribunal (as can the decision maker) make an advance award of DLA to start from September under regulation 13A of The Claims and Payments Regulations (an award within 3 months of the date of claim).