DLAM over 65?

I have a client aged 68 who was referred to me a year ago to query his DLAM stopping in 2004. The info. I was given was that it was stopped following an unnannounced visit from a DWP official and a doctor, who badgered him with questions about the caravan parked outside which belonged to a neighbour! I wrote immediately requesting copies of relevant paperwork, but after several reminders have just been told that the file has been destroyed. I was told that appeal rights have run out (obviously), but pointed out that it may well have been possible to prove the decision was made in error. Client is currently on DLAC(H). Is there any way I can proceed with this?

Two possible options:

1 Was the client sent notification of the change or did the mobility just stop?
If no notification letter was issued then the decision isn’t effective, so that could open up a right to appeal (House of Lords - Anufrijeva: http://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd030626/anuf-1.htm). Strictly speaking it would not be a late appeal - it would be ‘in time’ because the clock only starts running if the decision was notified. If the client didn’t receive a notification letter (or can’t remember) try putting in an appeal citing the Anufrijeva decision and seeing what evidence is produced. It’ll then go to the Tribunals Service to see if the appeal is valid, but if the file has been destroyed the DWP may not be able to prove that the decision was notified and IF your client is asserting that it wasn’t notified, then it’s hard to see how they could fail to accept the appeal as valid.

2. High mobility was taken away before the client was 65. Was there a subsequent deterioration that can be proved, eg by a GP letter, so virtual inability to walk can be established BEFORE the client was 65? If so then you can request a supersession even though the client is over 65 now. They won’t get any back money, but can get high rate mobility from the date of the supersession request.

Thank you so much for your prompt response. I don’t think there is any doubt that the decision was notified. Seems there are notes on DWP system and that ‘someone’ rang and asked for a verbal explanation. My client suffers from Parkinson’s disease, so continual deterioration. Will try a fresh application.

Supersession request to existing award not new application - has to show:
1. He was getting DLA
2. His mobility worsened between the decision removing the mobility and his 65th birthday
Hope this helps

….or the decision removing mobility was based in ignorance of or on a mistake as to a material fact; or was based on an error of law.

And, was the DWP decision itself a supersession decision?  If so can the Department evidence that a supersession ground was made out?  Is there any evidence held by his G.P. pertaining to that period that might suggest that the Department would have difficulty making out a ground?

Thanks guys. Meeting with client next week, so will discuss all angles. Will get him to do a FOI request for his medical notes.

Just to avoid confusion with the medical notes, and to make sure your client gets them on the first time of asking - it’s a DPA request, as he’s a living person. FOI is about general information not relating to an individual.  I’ve known requests be refused because they’ve been made under the wrong category.