When is DLA backdated from?

drgry3

hi all just an update well i received a letter from blackpool october and they are going to ask for a statement of reasons looks as if im going into 2012 fighting does any 1 know what happens next if they find a error in law how long for another tribunal and this will be my 4th tribunal now this has been going on since 2008 ? i have welfare rights on my side ? the first tribunal was adjourned to see the outcome of criminal proceedings they try to prosecute me for fraud the case was thrown out due to no evidence then i got my 2nd tribunal which was a failure then i asked for a statement of reasons found an error in law i appealed got my 3rd tribunal success now dla asked for statement of reasons they are appealing looks as if im going to go to another tribunal and i have a feeling this will be my last win or lose ?

rogerblack

You need to clarify things.
The second tribunal 'failed' - and you appealed on an error of law.
Was the appeal to the third tribunal an appeal to the upper tribunal?
Or was it a re-hearing by the first tier tribunal?

The upper tribunal generally can't be easily appealed, in principle, a re-hearing by the first tier could.
I think any appeal against a decision of the upper tribunal would have to go through Judicial Review.

drgry3

rogerblack wrote: »

You need to clarify things.
The second tribunal 'failed' - and you appealed on an error of law.
Was the appeal to the third tribunal an appeal to the upper tribunal?
Or was it a re-hearing by the first tier tribunal?

The upper tribunal generally can't be easily appealed, in principle, a re-hearing by the first tier could.
I think any appeal against a decision of the upper tribunal would have to go through Judicial Review.

i appealed to the upper tribunal as there was an error in law from the first tier tribunal i was granted another tribunal and won but now dla have asked for a statement of reasons and if they find an error in law then they can appeal but ive never heard any think from dwp or tribunals service since october been on the phone to them but still no further forward ?

Mupette

have you thought about geting your MP involved, seems DWP are taking the pee.

drgry3

hi all just an update my name is darren im 39 from sunderland i was born with polio 1 leg shorter than the other and club foot limited muscle mass in right leg and my spine is bent i can only walk a short distance i have a walking stick and crutches and a wheel chair to get about but on some days i can walk without aid if its a short distance i also have a car to get me about i was awarded dla mobility high rate in 1993 and was on incapacity also. In 2008 i was suffering from depression i was sick of been locked up all day in the house looking at 4 walls so i decided to go to the job centre to see if a disabled person could work maybe that would help with my depression. So i was seen by a women who deals with disabled people and she says that yes you can work and still claim dla so i ended up working as a part time taxi driver self employed in feb 2008 so i could choose my own days to work and hours my life had changed for the better until dwp called me in they wanted to interview me nov 2008 so i went along to the civic centre where the interview was taking place i parked my car in a disabled bay which was the nearest to the main entrance i walked a short distance unaided but had a friend with me incase i fell or got into trouble to the main entrance it was about 70 metres to the entrance and on that day i felt as thow i could walk it in the interview they said i failed to report a change in circumstances as i had failed to notify dla end of interview .jan 2009 dla had been stopped because i failed to report a change in circumstances ie starting work and i could walk more than 50 metres ? so i appealed against the decision the appeal was unsuccessful so i had to go to a tribunal in august 2009 the tribunal was adjourned because they need to know the outcome of the crown prosecution dwp took me to court in july 2010 for fraud the case was thrown out down to insufficient evidence i had another tribunal in nov 2010 which i lost so we asked for a statement of reasons we found an error in law and appealed to the upper tribunal we were granted another tribunal in august 2011 which i won dwp asked for a statement of reasons and they said they were going to appeal oct 2011 never heard anythink back from them since october it is now feb 2012 so i decided to give them a ring what a surprise i wasnt on the system they have no record of me ever claiming dla ?i have faxed them all documentation and they are waiting for more documentation from the tribunals service what is going on ?has any one been through what i have been through let me know :mad:

drgry3

well blackpool rang me at 8 am this morning asking if between jan 2009 until now feb 2012 if i had ever been admitted into hospital or care between these dates i said no and they wanted my bank details looks as if ive won and they gona pay out ??? i will keep yous posted

nashly

drgry3 wrote: »

well blackpool rang me at 8 am this morning asking if between jan 2009 until now feb 2012 if i had ever been admitted into hospital or care between these dates i said no and they wanted my bank details looks as if ive won and they gona pay out ??? i will keep yous posted

And you never did

emma1987_2

Hi,
I need to get some advice!
I applied in January 2013 for DLA and was refused for which i appealed and was declined and told i was not aloud to reapply for 6 months. For which i have all of a sudden be granted DLA, can i get this backdated till January as this is when my claim first started.
Any advice would be really great full, thank you.

Poppie68

emma1987 wrote: »

Hi,
I need to get some advice!
I applied in January 2013 for DLA and was refused for which i appealed and was declined and told i was not aloud to reapply for 6 months. For which i have all of a sudden be granted DLA, can i get this backdated till January as this is when my claim first started.
Any advice would be really great full, thank you.

This is an ancient thread, you need to start your own.
NEW THREAD button left hand side of the page.

~Chameleon~

How frustrating to get to the end of the thread and find no update, just someone hijacking an old thread :wall: