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CRU appeal success

19 June 2014

Following a reserved judgment of an oral CRU appeal hearing Browne Jacobson successfully recovered £29,365.35 in benefits paid to a claimant in respect of higher rate payments for mobility and care components of Disability Living Allowance.

Browne Jacobson settled a mesothelioma claim on behalf of Devon County Council and their insurers, Teceris. At the time of settlement the claimant was in remission and had not received any care and had paid only nominal expenditure in relation to travel. Benefits had been paid to the claimant because of the diagnosis of a terminal condition at the higher rate for both mobility and care.

The Court accepted that the care component and mobility component of the Disability Living Allowance paid to the claimant had been paid other than in respect of the disease and as such the monies would be repaid to the compensator.

Where medical evidence is supportive consideration should be given to appealing certificates, particularly where the benefits are significant.

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