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DLA and post 6 month qualifying period
I have a client who submitted an appeal (ankle/foot problems) and 5 month in to the appeal he has an operation which has left him with a cage/frame around his ankle and increased care/mobility needs, i know i cannot address the increased needs but all the evidence i have relate to the operation and how things should be better in a few months once cage is removed. I tried writing back to the GP asking him how my clients health was prior to the op but the GP won’t comment.
I have had a couple of appeals where circumstances have changed prior to the post 6 month qualifying period.
Any advice?
regards
I suppose the point is whether at the date of claim it was likely that he would be having an operation, the likely date of that operation, its nature and the probably recovery time.
We recently succeeded on this point (HRM) for a chap with severe back problems who was due to have an operation from which significant recovery was likely within 3 months, the projected date for the op being within two months. Hence refusal. But in fact the operation was delayed several times and the consultant confirmed that the date was only indicative and would never have been guranteed, with the result that by the date six months after the decision he had only just had the op. Appeal lodged, evidence submitted, decision revised and award made without going to appeal.