DLA / PIP

In September 2010 I was awarded DLA at the middle rate for care and the lower rate for mobility for 3 years. At the end of the 3 years it was taken away from me... I appealed and lost, mainly because I was misdiagnosed and the panel refused to see that. I then applied for PIP and was awarded it at the enhanced rates for both care and mobility. Now, nothing has got any worse, in fact, in general I am better than I was when it was taken away from me. Is there any recourse? Can I do something about the time they took it away from me (about 2 years) and made life so difficult?

If anyone could point me in the right direction I would be so grateful. Its not really about the money, although it is a substantial amount, it is about the fact that for two years I had to survive on the bare minimum and it was unbelievably difficult... it made an already awful situation a million times worse.

Hi,

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As the adverse DLA Tribunal decision seems to be some two years ago, you are way outside the time limits to challenge that decision by seeking leave to appeal to The Upper Tier Tribunal. (UTT)

Even if you were within the time scales allowed, you would had to have shown that The First Tier Tribunal (FTT) had erred in law in coming to their decision.

The first step in that appeals process would have been to request a Written Statement of Reasons for the adverse decision from The FTT within one month of the date of the FTT Decision Notice letter.

What is an Error of Law?

Tribunals – Requesting a Written Statement of Reasons

bro58