DLA back dated claim ?

50Twuncle

I originally was given DLA some 14 years ago - when I lost a job, realised that I was entitled, claimed and had 2 years of payments
I then found another job and was told (by my DEA) that I was not allowed to claim DLA at the same time as working - I took this at face value and cancelled my claim....

I put in a claim for DLA, 2 years ago and (on appeal) resumed my payment - I have only just realised that this DEA had no clue as to what he was talking about and was wondering if I had any rights to back date a claim to 1996 ?
Are there any legal beagles reading this ?
Any precidents ?

Indie_Kid

DLA can only be paid from the date a claim is made or the request for a claim form is made.

[Deleted User]

Probably not because even if there was something within the law re bad advice and you following it how on earth would you prove that after all this time? As the onus would be on you to prove it not for them to disprove it.

As they see it you cancelled the original claim not them and there has also been 16 years since then for you to 'discover' the truth and make a claim but you failed to do so.

Indie_Kid

And how would you prove your care and mobility needs from 14 years ago?

50Twuncle

sh1305 wrote: »

And how would you prove your care and mobility needs from 14 years ago?

My GP perhaps or my Hospital Consultant ?

millym

Seems grossly unfair that you were given the wrong info, but I think you would need something in writing to prove the bad advice and even then, it is very unlikely that you would succeed in getting DLA backdated to that extent.

I do feel for you, but at least you were able to work all that time, and are getting it now that you can't. Sorry I can't be more helpful.

sox8369

Yes i agree - its a shame that you were told the wrong info - i think the moral is to check yourselves because so many 'experts' get it wrong. A friend of mine was given totally inaccurate information about DLA by a Welfare Rights Officer - although some of these experts are brilliant - some have the job title without actually applying any brain cells to their work !

I think you will just have to let it go and unfortuantly put it down to experience as far too much time has lapsed - focus on the good news that you have got it back now rather than in another 5 years.

pixiechick_2

spammer about to attack!

50Twuncle

sox8369 wrote: »

Yes i agree - its a shame that you were told the wrong info - i think the moral is to check yourselves because so many 'experts' get it wrong. A friend of mine was given totally inaccurate information about DLA by a Welfare Rights Officer - although some of these experts are brilliant - some have the job title without actually applying any brain cells to their work !

I think you will just have to let it go and unfortuantly put it down to experience as far too much time has lapsed - focus on the good news that you have got it back now rather than in another 5 years.

This was my Disability Employment Adviser - who worked in the Job Centre - if you can't trust them - who can you trust ?

sox8369

Yes i agree - its crazy. I feel really sorry for you and i would be so mad in your situation - a very similar thing happened in our family circle (a good friend) - he had HRM, got it removed at renewal and was told not to bother appealing - by a welfare rights officer can you believe !

The person didnt appeal but he has just reapplied and instantly got HRM back - the gap between was over 15 years - and all that time they were entitled to it - grrrrrrrrrrrrrr unfortuantly the world is suffering from an epidemic of idiocy !!