Client completes her own clam form, attaches good GP and Consultant evidence and subsequently gets award of High Car High high rate Mob from June.

She then notices that the amount she is receiving doesn't appear to be be correct - so she telephones DLA who say they will look into it.

She has now a letter from them saying that they have looked at the original award again and have now decided that she is not entitled to any level of award at all - nothing - zilch....and to add insult to injury that decision was back dated to June.

We have written asking (somewhat firmly) for a detailed explanation which may just extend to more than the usual one and a half lines - or two on a good day. We will await their reply with more than the usual bated breath......

She hasn't, by any remote chance, had an adverse ESA or IB decision recently?

Apparently not - having been made the award in June, she then noticed that the amount received in her bank account did not match that of the award - she telephoned the DBU merely to ask why this should be, and a nioce man said he'd look into it.

The next thing she knew was that she got a letter stating that they have looked at the original decision again and decided that she wasn't entitled to any award whatsoever, from the date of the original decision.

They haven't asked for repayment of the amount paid from June to October as yet, but no doubt will be seriously considering it...!

I doubt if they could ask for a repayment, it's most likely their fault!

Fri 13-Nov-09 12:01 PM by shawn

(Edited to fix link)

What was the error in law that allowed the review of the original See C51/99-00(DLA)

i had a similar case recently where i represented a client at appeal. at this appeal it emerged that both the client and some claimed carers allowance for each other.

an emp was then sent to the son and his dla was taken from him. luckily for him (and me) rather than do it as a supersession they tried to review it for reasons known only to themselves back to 2007.

the client didnt even have to go into the tribunal on the day as i had done a lengthy submission detailing what they should have done.

the scary thing though is i sent my submission to the dwp in the hope they would see sense and save the time, money and anxiety involved in the whole process yet they refused to change it.

client has lodged a complaint about this one as its time dwp decision makers were held accountable for their nonsense. tribunals would be quick to tear us apart as reps.