I.I.D.B. Application for review of 2004 decision that was not appealed.

I do hope that this is the right ‘topic box’ first of all. If not, I would apologise.

I am involved with a client that has previously claimed IIDB since 1994. From that date various medical assessments have taken place.
1994, 1996, 2000 and 2004. All, apart from the 2004 review/assessment, resulted in a continuation of the claim for a fixed period of time.
Following the assessment/decision in 2004 which refused any further entitlement. It is clear that the medical report has no foundation in fact and quite honestly states that there never was an II!

Unfortunately that decision (2004) was never appealed, although there was and still is evidence that would have overturned it if it had been sent in. The reason for not appealing I am told that ill health and hospitalisation has plagued the claimant ever since.

A ‘new’ claim for IIDB was submitted in June 2011 together with current evidence and the evidence that should have been submitted in 2004.
A claim was also made that the evidence relating to the 2004 decision was a material fact that should have been considered.

The 2011 claim has been successful at the same rate as the earlier years - 40% which we accept as being reasonable.
Also they have backdated the current claim to March 2011.

The letter recently received from the DWP states:

“You have been assessed as 40% disabled from 22/02/04 to 21/02/14 because of loss of faculty.”

Yet the DWP are refusing to pay the benefit before March 2011 (being 3 months before the ‘new claim’ was made, on the basis that:

“The law says we can only pay you IIDB from the 3 months before the date you notified us of a change of circumstances”

I will agree with this statement only if there had been a change of circumstances. But no change has occured. It is the same condition as it was in 1994. There has been no improvement or deterioration.

Effectively the 2004 assessment/decision has now been accepted by the DWP as being clearly wrong, and has been rectified to reflect the true position as existed in 2004, and not a ‘doctor’s’ off the wall opinion.

Is there any mileage in making an application for the benefit that should have been paid from 2004 to 2011 and if so, under what regulation should it be made?

I personally have a horrible feeling that notwithstanding the rights of the case, the fact that an appeal was not submitted will preclude any earlier years payment from being made.