DLA backdate ?

age9000

I telephoned the helpline for a claim pack in December 2012
and got a few days later, I started to fill in the form and then due to my conditions I stopped filling in the claim form.
I eventually sent the form to them in April 2013
They requested a report from my GP and then awarded both care and mobility at the highest rates, and awarded from when they got the form in april
They did write to me asking why I was late in sending the form back, I informed them it was due to a low state in my bi-polar and that I could not face doing anything at the time. they just said on the award notice that they would not pay from the date I was sent the form and would be from when they received it

Is there any point in making an appeal ? obviously I would have been entitled to the DLA from December if I had sent the form back, and I would have thought my reason would have been acceptable, I do have other conditions, but that's the one why I was late in returning,

anyone had similar or advise ?

Rory123_2

As far as i'm aware, you only get a limited time to send in a new claim, which i think is 6 weeks? I think you can usually call them before that time is up and ask for an extension to send the claim in. If you bypass that time, and you send the form at a later date without contacting them to let them know you need more time, they will start the claim from the time they recieve the form as you have gone past the time allocated to send the form in. In your case from april 2013.

Don't quote me on that though. It's just my limited understanding.

I'm not entirly sure what your rights would be in appealing if any, hopefully someone else will come along with better knowledge.

Rory.

Troutwrestler

Do appeal, my last dla award I got the forms in August and didn't send them until December as my seizures were bad and my memory awful. They backdated my award to the date stamped on the claim form

letthemeatcake

This happened to me, too ill to fill in the DLA forms by the cut off date I finally got a home visit from a local charity who filled the forms out for me/ with me but they never mentioned making an appeal for backdated payment.

It is always worth a try though.

rogerblack

age9000 wrote: »

Is there any point in making an appeal ? obviously I would have been entitled to the DLA from December if I had sent the form back, and I would have thought my reason would have been acceptable, I do have other conditions, but that's the one why I was late in returning,

You have one month to dispute the decision to not consider that you had good cause for not returning the form late.
If you're outside this time, you have 13 months to make a late appeal.
This would take the matter of if the original decisionmaker should have awarded from the date of the initial claim.

age9000

thanks for the replies

I guess nothing to loose by making an appeal

I sent the form in as soon as I could but being in a very low
state at the time I just could not do it by the date they put on the form when they sent it to me, when I am in this state I don't open any post, and often have a pile of post to go through !

at the end of the day if they don't backdate it I guess I should
count myself lucky that they have awarded me DLA as from what I have read on the forum a lot of people get turned down.

will make an appeal to backdate and will update here how it goes in case it helps anyone else

fingers crossed

dawnthewitch

hi, just wondering on what basis u got the highest rate of DLA, I too have bi-polar, and PTSD, along with crippling anxiety
I got the low mobility and middle care rates and am thinking of appealing.... but, like u, its a nightmare when ur low and wondered if it was worth the fight.... my CPN nurse said she would help too ?

age9000

Hi dawnthewitch

I have other problems as well basically cant breath and cant walk well
but the bi-polar was why I was late
I think it was the other problems that got the higher rate DLA rather than bp, but try to appeal if you can, nothing to loose, the citizens advise people are good too but your CPN might give appeal more weight

LadyMorticia

dawnthewitch wrote: »

hi, just wondering on what basis u got the highest rate of DLA, I too have bi-polar, and PTSD, along with crippling anxiety
I got the low mobility and middle care rates and am thinking of appealing.... but, like u, its a nightmare when ur low and wondered if it was worth the fight.... my CPN nurse said she would help too ?

Hey dawnthewitch.

It's your mobility and whether you need care that dictates whether and what rate of DLA someone is given, not your diagnoses (I hope that makes sense).

I think you can appeal a decision within 1 month but just as they may increase your award, they may also lower it or take it away all together. It sounds like you have a helpful CPN so talk to her/him about it and why you believe your award should be different.