dla appeal then claimant recovers

I need some advice regarding a DLA appeal.  The hearing is this Friday and I’ve been waiting for medical evidence so haven’t formulated our argument as yet.  My client had severe depression and anxiety and was in receipt of DLAlrc.  She submitted renewal last Summer and received a decision refusing the renewal from 14/10/11.  The decision letter was dated 05/07/11, so 3 months in advance.

We appealed the decision.  At the end of February my client phoned me and told me she had suddenly become better after being re-diagnosed and treated differently.  She had been misdiagonsed for years.  My client wants to continue with the appeal and request an award for a limited period up to when she was rediagnosed in February.  I am uncertain whether we can.

Could the tribunal award her DLA from 14/10/11 up to February as this is less than 6 months?

How does the ‘expected to have care/mobility needs for further 6 months’ criteria play out here as it has not been 6 months since renewal date, but client would have been EXPECTED to have care/mobility needs back then?

What is the relevant date here regarding the decision?  Is it 14/10/11 or 05/07/11?

Any help would be appreciated.

Interesting situation - I would be inclined to say that the Tribunal cannot consider anything that was not obtaining at the time that the decision being appealed against was made - at the time of the decision there was no knowledge of misdiagnosis and different treatment - therefore it would have been assumed that the treatment would have continued beyond the 6 month period. 

Clearly there is a relevant change of circumstances when the correct diagnosis was made and treatment given which resulted in an improvement in your client’s condition - that would appear to result in the DLA award being reviewed and ending.

Would be pleased to read what other colleagues think.

Thanks to both of you.

One thing that is puzzling me - is the decision under appeal not 05/07/11?  So 6 months from this would be 05/01/11 anyway and potential award period would be over 6 months?

How does this work with renewal decisions that are made ending an award at a future date, as a claimant would have been entitled for a period after the decision under appeal?  Or have I got this terribly wrong?

I’d ask for a 6 month award from 14/10/11 on basis that at the time decision was made, the evidence would have suggested client would continue to satisfy the qualifying criteria from & including the renewal date, for at least a further 6 months. If allowed this will result in an award ending on 14/4/12, which ties in with her subsequent recovery.

Thanks for the clarification Tony.