Helping friend claim unpaid DLA... advice please.

xxdeebeexx

Hi a close friend of mine was diagnosed as having Autism in Jan '09. She was unemployed at the time so informed the benefits office. A note was made on her records. Several months later she asked someone at the benefits office if the Autism entitled her to DLA. She was told no, and was told that it would be a waste of time applying. (this is also doccumented on her records). By chance I met an old friend who works for the benefits office and I related the story. She was very insistant that my close friend was entitled to DLA and had to go back to them and fuss. Eventually, in October 2010, she was granted the DLA but was told that it could not be backdated. She has decided to take them to a tribuneral and has a hearing very soon.
I am wondering if I could help strengthen her case,

Before she had the DLA she was desperate. She couldn't manage on the money she had and relied heavily on friends and family to buy her food. At one time she was eating out of date tinned food. She was, on several occasions, suicidal. Some days she would phone me 5 or 6 times....desperate and frightened that she didn't know how she was going to cope in the future. Thankfully/sadly her Godmother died and left her £5000. She didn't inform the benefits office for fear that they would stop her money. That money went very quickly. She has been on sleeping pills from her GP and anti depressants,

Since the DLA has come through the change in her is amazing. She is gaining confidence and applying for realistic jobs. She is no longer paniced and desperate. She feels, however, that she is entitled to get the DLA back paid to the time when she informed the benefits office of her disability. A specialist Dr has written a detailed report outlining the Laws etc to support her case, and I was wondering if an outline of the effects on her mental health would help her case.

Any advice please

TIA

Dx

Jojo_the_Tightfisted

I do know of someone else who had a similar situation, in that he was told his DLA meant he didn't qualify for IS as he had too much money coming in (documented). He got it all backdated after going to Tribunal. Plus interest, in his case.

Perhaps you could go with her and provide support as a friend as this is a stressful thing for anybody to attend. It may be possible that they would ask you some questions as part of the proceedings, where you could say these things. (although I would leave out the amount of the legacy)

xxdeebeexx

Jojo_the_Tightfisted wrote: »

I do know of someone else who had a similar situation, in that he was told his DLA meant he didn't qualify for IS as he had too much money coming in (documented). He got it all backdated after going to Tribunal. Plus interest, in his case.

Perhaps you could go with her and provide support as a friend as this is a stressful thing for anybody to attend. It may be possible that they would ask you some questions as part of the proceedings, where you could say these things. (although I would leave out the amount of the legacy)

Thank you for your quick reply. I don't live close enough to go to the tribuneral with her, and I don't know enough about the benefit system either. I was wondering about writing a supporting letter and being available to talk to them on the phone if they needed me to. I certainly wasn't planning on mentioning the legacy. Was your friend taxed on his backdated money? I am delighted to hear that it can be sucessful.

Thanks

Dx

Savvy_Sue

One thing I would warn you and your friend about: it is very easy for those on the autistic spectrum to see things in black and white: there are no shades of grey. You may already know this.

Clearly, she was given incorrect advice initially: however your professional friend who said she WAS entitled to DLA was IMO slightly out of line - we may think that someone SHOULD get DLA, we may be certain that they WILL get it if they apply, but it's not like Child Benefit - you have a child, you're entitled to Child Benefit (if the child lives with you).

There are a few - very few - conditions and diagnoses which give an automatic entitlement to DLA. Being autistic is not one of them. Regardless of what happened to JoJo's friend, and regardless of what your professional friend said, your friend should be prepared for the tribunal to say 'no'. I don't know what the avenues for appeal are beyond a tribunal, and I'm not saying the tribunal WILL say 'no', I'm just mentioning the possibility, in the hope that she doesn't get too thrown if it doesn't go her way.

dmg24

For your appeal you need to prove two things - that she had care needs which would have entitled her to DLA at the relevant time, and that she was misadvised by a DWP employee. The former should be simple if the GP's report is as good as you believe, but the latter could be very difficult.

Jojo_the_Tightfisted

I was responding as regards the backdating - the OP says that DLA has been awarded but a request for backdating was refused. I know I can't say that it is definite a backdated payment will be granted, but that I am aware of it happening in another case.

The paragraphs after the referral to a legacy weren't there when I answered.

OP, I would suggest that you direct your friend to find a welfare adviser in her area to assist her.

Savvy_Sue

Jojo_the_Tightfisted wrote: »

I was responding as regards the backdating - the OP says that DLA has been awarded but a request for backdating was refused. I know I can't say that it is definite a backdated payment will be granted, but that I am aware of it happening in another case.

I was really just wanting to get across that it's not a black and white situation, which may be difficult for the OP's friend. I always used to say that DS1 had a very strong sense of INjustice ... if the world wasn't the way he thought it should be, then it was just WRONG! And we all knew about it!

Jojo_the_Tightfisted wrote: »

OP, I would suggest that you direct your friend to find a welfare adviser in her area to assist her.

very good advice.