DLA backdating rules

Hi all,

I am 30. I have osteoarthritis in my hips, herniated discs at L3-L4, L4-L5, L5-S1 & bilateral nerve root compression at L4-L5 & L5-S1. I have dyspraxia and mild ASD, with anxiety disorder as a side-issue.

I received DLA MRC & LRM from 2005 - June 2011. I had a review in 2001 and I lost all DLA at this review, despite my dyspraxia & ASD affecting me the same (they're lifelong!), and my mobility being worse. I went to appeal, went to tribunal - no joy. I wanted to take it to higher tribunal, but was too worn down.

I reapplied in Feb this year but was again turned down.

The decision makes have used the tribunal's decision to guide their decision, despite me providing more up to date evidence that my back is buggered, and my mobility is significantly affected, and I need more care with physical activities.

I am going to tribunal.

If the tribunal find in my favour, can I request backdating to the point I lost DLA initially, as the conditions I have were affecting me at the time of that decision, it's just the tribunal couldn't believe they were affecting me as "the GP would have instigated treatment" (their words - my GP had referred me to a rheumatologist, but the tribunal ignored that!).

As I understand it, the decision would be backdated to February 2012 only.

Mrs Hurtyback wrote:

As I understand it, the decision would be backdated to February 2012 only.

That is correct.

Thanks both,

That's disappointing - I wish I'd carried on to appeal the tribunal's decision now! But what's done is done etc.

Console yourself with the knowldege that you probably would not have been able to go to the Upper Tribunal anyway (unless there was an error of law at the first Tribunal).