My client is registered blind, has hydrocephalus (following an accident) and his mobility is impaired. Following his accident in 1996, he was awarded HRCC & HRMC. DBU looked at his claim again (not sure why) about " 2 or 3 years ago" and reduced it to LRCC. He appealed this without any support, did not attend the appeal and the award was not changed.
It beggars belief that he is not getting LRMC & MRCC!
He's now moved to our area and was referred to us. I've asked for his DLA to be looked at again. I want it to be backdated to the time of the original decision but....
Can i use ground 2? I think not as the decision was made by an appeal tribunal.
Can I use ground 4, official error?
Deadline for appeal to commissioners is well and truely gone.
what are our chances of an ex gratia payment?
Why can't there be a gound for revision along the lines of "you cannot be serious"?

Can't help thinking that any appeal for revision would be a very uphill task. The legal contotions alone would make my head hurt. Furthermore you would need to base it on the evidence that the DBU had at the time and I wouldn't give much hope of you getting that.

A much better approach would be to make a complaint of maladministration. You would have to base this on an assumption that the DM made a supersession based on the minimal information provided (in ignorance) by the claimant whilst ignoring the obvious severity of the disability and without any evidence of improvements.

You would of course have to get convincing medical evidence that shows the severity of the disabilities and that they have not improved over the period in question.

In this complaint you could then let rip with your "you cannot be serious" arguments. If you do not get a satisfactory response you could take it to the ombudsman. Bear in mind though the complaint would have to be about HOW the decicion was taken not what the decision was (which is outside the ombudsman's remit).

You can always ask for a late appeal against the original decision to reduce the award, however you would have to show good cause and set out your case (with evidence) that the appeal has a chance of succeeding. A reason for the late appeal could be that your client did not have access to quality advice at the time the decision was made, hence the ignorance of chances of success at paper hearings.
Don't forget a decision Maker cannot refuse an application for a later appeal, if they do not agree your client has sufficient grounds for a late appeal, then they must refer the matter to the appeals service for a decision on whether or not to grant the late appeal. That is why you must carefully set out your case to show TAS the original decision was wrong. More often than not TAS will allow a late appeal because they are petrified of being challenged under the Human Rights Act, they also belive that claimants have a right to a fair hearing and just decision.

He already had one appeal, didn't attend and decision was not changed. I think we are well out of time for an appeal to commissioners. Isn't the absolute limit 13 months?

He can lodge a late appeal against the decision the tribunal considered, not the tribunals decision.