Appealing DWP decision to withdraw DLA

Hi Wah Wah,
Welcome to B&W.
Unfortunately I'm going to be the bringer of bad news. Let me first give a bit if background information. PIP was introduced in 2013 to replace DLA as the main benefit for people with disabilities.DLA was out of date and the system needed a rethink. Hence PIP was created, with a view that in time everyone would be moved over from DLA in due course. So, as a result DLA recipients have been written over the last few years inviting them to claim PIP. I haven't seen one of these letters for a long while, but the original ones said to the effect that your DLA was coming to an end, and if you wished to continue to claim benefit for disabilities you would need to claim PIP and the relevant claiming details were provided. Unfortunately there was no automatic transfer, an actual claim had to be made for PIP normally by ringing the claim helpline. If a claim was made then DLA would be paid until a PIP decision was made. Essentially the rates of payment were equivalent to the previous DLA payments, if a similar award for PIP was granted.
The vital thing was that there was no direct transfer. This has happened with some benefits, but never with PIP. If you didn't claim PIP, when invited to do this you would lose disability benefits. This is the law, and DWP have administered this process correctly. Certainly the previous letters I have read were very clear, and I am not aware of there being any lack of clarity in any letter about DLA ending. (I have made much criticism of DWP communications over the years, but never in respect of the end of DLA letters.)
Round about the same time that PIP came into being, the appeals system was amended. There was now an absolute time limit of 13 months from a decision, to initiate the first stage of an appeal. This would only apply to a decision. (Eg a refusal to award PIP, like with the tribunal case you mention.) The previous award of DLA would either have been a closed award ie for a set period with an end date or an indefinite one that was brought to an end by the need to claim PIP. Most DLA awards were for a definite period. The PIP invitstion letters were sent out around 6 months before the DLA end to allow sufficient time for PIP claim to be made so effectively DLA would end and PIP start seamlessly. This means that there is no DLA award to appeal, which would naturally end at the final date. The letters have always made it clear that to continue to receive benefit, an actual claim for PIP has to be made, it is therefore the responsibility of the claimant to ensure this is done.
I appreciate that without proper advice your friend may not have realised she needed to claim PIP, however there is nothing that can be appealed here. DLA simply expires at the end date, DWP have not made a decision, (or need to)your friend hasn't claimed PIP, and even if there was something to appeal, it would be out of time in any event.
This all sounds unfair, but is legally correct.
The only possibility for redress is if you can prove that DWP gave incorrect advice about moving onto PIP eg the letter said 'do nothing PIP is automatic'. If that is the case then a complaint could be made and a request for compensation for the non paid DLA could be made. However, unless you have a rogue letter, which you would need to produce there is no chance that a complaint would be upheld.
I am sorry that my advice isn't good news.
Nevertheless, I hope that you will find the explanation of assistance.
LL26