dla overpayment

have a case where dla was overpaid as a client went into hospital and didnt notify.

dla since found this out and have changed the decision allowing payments for the dates when the client temporarily went out of hospital.  the remaining balance has been found to be recoverable.

client has appealed the recoverability decision.

upon getting the submission papers it would seem that the department have followed the correct procedure in that they have identified the grounds for changing the decision, deducted any money that should have been due and then issued a decision which states both an overpayment and that overpayment being recoverable.

what i have noticed, however, is that the decision there had been an overpayment occured 10 days before the decision that the overpayment was recoverable.  the recoverability decision and the notice sent to my client were both done on the same day. 

the next page of the submission papers states that due to the overpayment decision there is an amount of overpayment and then goes on to state that is is recoverable.

only one decision notice has been issued to the client on the same date the recoverability decision was made.

what i am trying to identify is if its worth my while appealing on the basis that due to the fact that the original review decision was not notifed that it in effect does not exist and therefore there can be no decision to recover.

reg 28 of the social security and child support regs 1999 states that a decision must be issued in writing but i am unclear if this in its self will be enough to win the appeal given there is evidence that the proceudre was followed correctly otherwise.

i hope this makes sense.  thanks in advance for any opinion or help provided.