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DLA stopped , was it unlawful? reclaim lost money?

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4 years 10 months ago #248801 by struggler
I am in process of reviewing DLA being stopped in December 2016 due to move to PIP for my mother. Her conditions worsened in 2017 had many falls an hospital visits, the time to return the forms expired an lost the ability to continue onto PIP from DLA.
Now I read these stories an just wonder if any room to claim lost monies? Especially in light of recent court hearing outcomes for other claimants.
www.benefitsandwork.co.uk/news/3861-15-january-2019-update
www.benefitsandwork.co.uk/news/4154-192-...m-unlawfully-stopped

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4 years 10 months ago #248804 by Gordon
struggler

The issue referred to in the News Item is about a claimant failing to attend an assessment and whether the appointment letter made them fully aware of the consequences of their doing so.

You say that your mother was unable to return, what I assume was her PIP2 form, this is a completely separate matter and not covered by the UTT Decision that you refer to.

So I'm afraid no, I do not see any opportunity to revisit the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: struggler

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4 years 10 months ago #248808 by struggler
Yes thank you for your answer, an as she cannot do any of this on her own an as I just had new born 2 months prior it lapsed!, im now in process of submitting a new pip claim. Interestingly a recent phone discussion with PIP claims line about the pip 2 form when i raised the query about backpay (my understanding can only go back upto 1 month or to date of the requesting the first form or on date they recieve the form request) their response implied to put details on the form for it to be considered was as if they may consider going further back than that? any thoughts on that!? also I could not see anything in the manual about this we have plenty of evidence of her disabilities.

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4 years 10 months ago #248811 by Gordon
struggler

I'm sorry but I can't see any opportunity to backdate the new claim, however, you lose nothing by including the information.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: struggler

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