Can I lose present award if I appeal earlier claim

I first applied for DLA two years ago and was turned down. Then had leave to appeal... last tribunal was in February 2010 but since then I had successfully claimed DLA (low rate care, highest mobility). At the tribunal I was told I was not entitled to this and if I did not drop my appeal I would lose my later claim (even though my condition has deteriorated and will continue to do so).

The tribunal decided to ask for 'everything the DWP used to make the decision for my later claim' together with medical evidence going back a couple of years, right up to the present.

Any suggestions please? Should I just be happy with what I've got and ditch the appeal? Or should I fight on? Do you think there really is a risk that my later claim will be jeopardised by the appeal?

Hi Magwitch You need advice from a welfare rights officer who can go through all your paper work with you. Look at the DLA guides in the members section of this site. Best Wishes

Magwitch wrote:

I first applied for DLA two years ago and was turned down. Then had leave to appeal... last tribunal was in February 2010 but since then I had successfully claimed DLA (low rate care, highest mobility). At the tribunal I was told I was not entitled to this and if I did not drop my appeal I would lose my later claim (even though my condition has deteriorated and will continue to do so).

The tribunal decided to ask for 'everything the DWP used to make the decision for my later claim' together with medical evidence going back a couple of years, right up to the present.

Any suggestions please? Should I just be happy with what I've got and ditch the appeal? Or should I fight on? Do you think there really is a risk that my later claim will be jeopardised by the appeal?

The appeal tribunal are only concerned with the appeal up until the date of the decision under appeal, and not for any period after this date.

The appeal tribunal have no jurisdiction therefore to interfere with your new award, as they are prevented from doing so under section 12(8)(b) of the Social Security Act 1998. This decision is not the subject of the appeal, and if the tribunal decided to tamper with the new award, in all probabilities any adverse decision would be set aside by a District Judge or an Upper Tribunal Judge as an error of law.

The tribunal have no business to be asking the DWP for any evidence relating to your later claim, as it should not be included in the appeal submission before the tribunal. It is not relevant to the appeal.

Taking this information into account, the decision whether to proceed with your appeal has to be your decision, but you may wish to seek face-to-face advice from a CAB or welfare rights office in this respect?

Have the appeal tribunal adjourned your appeal in order to seek further information from the DWP?

Thank you for such a quick response. At the last tribunal it was adjourned in order to seek medical evidence going back well before my original claim and up to the present date, and also to ask for evidence from the DWP on the later (successful) claim.

I went through Community Legal Advice who are now telling me that I risk the DWP looking again at my new claim and dropping it. This is what I don't understand since I have clearly deteriorated since the original claim in 2008 (even though I still believe I was entitled to something then).

At the last tribunal the chairman said I wasn't entitled to the successful new claim in his opinion, and that it must have just 'gone through on scrutiny.' (Actually someone from our local Welfare Rights completed the form on my behalf and I submitted the same supporting evidence as I have with the original appeal.)

I think I still have enough fight in me for this appeal... but I am worried that I have been told that I run the risk of 'opening up' an investigation into my new and successful claim.

If you had entitlement under a pre-existing award to DLA, that is an award that was in place prior to you submitting a further claim for an increase in the award for additional help/needs, in those circumstances the tribunal would be able to look again at the award [Social Security Act 1998 section 12(8)(a)] if they so wished.

In you case however this regulation does not appear to apply, because as I understand it from your post, you have already had a previous tribunal set aside? If the tribunal to which you refer is a reconstituted tribunal and is rehearing a case referred back by a District Judge/Upper Tribunal Judge, the new tribunal must put itself in the shoes of the original tribunal, and consider the circumstances of your appeal pertaining at that time.

Can you please confirm if my understanding of your enquiry is correct?

I think your assumption is correct, but in case I have confused matters I will set it out again.

I originally claimed DLA in the summer of 2008 and was turned down in the October. It then went to a tribunal where it was turned down again (2009). This was appealed, and I was given leave to appeal on the basis (as I understand it) that the original tribunal had not considered everything I told them, and this was then scheduled for February 2010. I

Meanwhile late in October 2009 (after I lost the first tribunal hearing) I made a fresh claim for DLA which was granted in late January/early February 2010. My condition had deteriorated and continues to do so.


At the tribunal hearing for the appeal in February 2010, (which was adjourned for the medical evidence etc.,) that was when I was told that I was putting my new claim in jeopardy by pursuing my appeal for the earlier claim.

I do hope this explains it better! Thank you so much for your help.