Backdate DLA 2 years after award?

Acropolis

Hi everyone,

I originally applied for Disability Living Allowance in early 2004. This was after a diagnosis of epilepsy. However, my claim was rejected and I did not appeal. My reason for not appealing is because I didn't feel confident (I was a shy 19 yo with little confidence). I also knew the diagnosis of epilepsy wasn't sufficient and didn't begin to explain the problems I had.

Unfortunately, despite receiving initial treatment for depression around this time, it was not until 2007 when I received the diagnosis of dyspraxia and bipolar disorder.

I didn't apply for DLA until Jan 2010. My reason for not applying in 2007, after receiving the diagnosis, was that it was the last thing on my mind. Although unwell, I was far more concerned with my university situation (I was withdrawn due to medical reasons from 2007 until 2009). I was depressed and wasn't thinking straight.

My claim was approved in July 2010 (backdated to January 2010 when I made the claim). I was awarded MR Care and LR Mobility.

Stupidly I didn't ask if there was a chance my claim could be backdated. Not to 2004 when I made the original claim, but to 2007 when I received the diagnosis of both bipolar and dyspraxia.

I have only recently found out that I might have been able to backdate it to at least July 2009. Does anyone know if it is too late to ask for it to be backdated now? I have medical evidence, including a psychologists report from 2007.

Many thanks and apologies for the length.

GlasweJen

I dont think they normally backdate before the date of the initial application/request for the form, particularly not after the claim has been finalised and put into payment.

Acropolis

GlasweJen wrote: »

I dont think they normally backdate before the date of the initial application/request for the form, particularly not after the claim has been finalised and put into payment.

Thanks for the reply.

I do know of people who have been able to get their claim backdated by up to two years before they applied. However, the requests were usually made when he application was made or shortly after. My concern is that, as you state, the clai, has been finalised and I have received payment for two years now.

I am frustrated with myself for not applying in 2007', but I really don't have the confidence or had the inclination to apply for benefits, as that just did't occur to me at the time. Like I said, I was depressed band under stress wt the time. It is disappointing the system can't be more flexible and sympathetic, but I understand that to pay out is not in their interests.

I need to write to them to inform them of a change of address so I will make enquiries

grummps

Acropolis wrote: »

Thanks for the reply.

I do know of people who have been able to get their claim backdated by up to two years before they applied. However, the requests were usually made when he application was made or shortly after. My concern is that, as you state, the clai, has been finalised and I have received payment for two years now.

I am frustrated with myself for not applying in 2007', but I really don't have the confidence or had the inclination to apply for benefits, as that just did't occur to me at the time. Like I said, I was depressed band under stress wt the time. It is disappointing the system can't be more flexible and sympathetic, but I understand that to pay out is not in their interests.

I need to write to them to inform them of a change of address so I will make enquiries

There are options of having a DLA claim backdated, but in the poster's case where no claim was previously made AND they failed to appeal an earlier decison, there is no backdating allowed.

The DWP view the circumstances of the poster as being the claimant's negligence and that they are the author of their own misfortune.

I could have appealed against a decision in 2004 not to award me any IIDB. I didn't due to illness and long term hospitalisation. I did however ask for the decision to be superceded in 2011 which the DWP did.
In that case it was my responsibility and my negligence that caused me to lose out on over £20,000 of benefit payments over the 7 years. Thankfully I was not in a position to have need of that money.