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So frustrated!
I have a client who was refused DLA late 2010. He appealed. His hearing has not yet been heard. He has bowel cancer and was also recently diagnosed with liver cancer.
Client came to see me in March for representation with his DLA appeal. It was established that the client had also made a new claim for DLA in February 2012. I advised the client of the potential problems the new claim could cause with the outstanding appeal decision and he decided he wanted to withdraw the new claim.
I wrote to the DBC on the client’s behalf advising them that he wanted to withdraw the new claim of DLA. They obviously did not read the letter properly and informed the T/S that the client wished to withdraw from the DLA appeal!!! I wrote to both the T/S and DBC advising them of the mistake and requested they reinstate the appeal and withdraw the new claim for DLA.
The appeal has now been reinstated, however the DBC are now stating that they already made a decision (not to award) on the new claim on the 8th March. Therefore, any decision made by the tribunal will only be backdated from the date of the new decision made in March 2012.
We requested the new claim be withdrawn on the 13th March. The thing is the client did not and has not received a decision letter regarding this decision. I think this is very convenient. Could the DBC be trying to get out of backdating a huge amount of money if the client is successful at appeal, which I believe he will be!? How can I prove this?
Even if I appeal against the new claim/decision the client has lost out.
If it were me I would roll my eyes heavenward and lodge a (slighly late) appeal against the March 2012 decision (and ask for both the appeals to be heard together). I think it’ll be a whole heap easier than going down the maladministration route and get around the limited award problem on presumption appeal/s succeed.
If it were me I would roll my eyes heavenward and lodge a (slighly late) appeal against the March 2012 decision (and ask for both the appeals to be heard together). I think it’ll be a whole heap easier than going down the maladministration route and get around the limited award problem on presumption appeal/s succeed.
Thanks 1964 – I was going to do this but if successful at tribunal would the backdating of the second claim be restricted to the date the claim was made, in this case Feb 2012?
If the appeals both succeed, the client will be entitled to arrears from the date of the original DLA claim. If the first appeal fails but the second succeds, the client will be owed arrears from the date of the February 2012 claim only. If that makes sense!
If the appeals both succeed, the client will be entitled to arrears from the date of the original DLA claim. If the first appeal fails but the second succeds, the client will be owed arrears from the date of the February 2012 claim only. If that makes sense!
Yes it does thank you very much!
You’re welcome. If it’s the same client as the DS1500 one, I would have thought he would have had fairly consistent care/mob issues anyway (so hopefully both appeals will succeed).
And a later appeal will alow any c-o-c to be taken into account with out question with the later appeal as long as it is before the date of decision and this would include evidence gathered after the first appeal date.