Can I lose present award if I appeal earlier claim

Magwitch wrote:

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.

Your explanation was fine, but I just wanted to be sure that the facts were correct.

From what you have said, the tribunal are both legally and duty bound to consider the decision as it was at October 2008, the date of the original decision, not at the time of the rehearing of the appeal in February 2010.

The advice given in my earlier original post therefore stands, but I think it is essential that you obtain some expert face-to-face advice from a CAB or welfare rights office to look closely at all your case papers, particularly the adjournment notice from the tribunal of February 2010.

Thank you - this is what I thought too, although the solicitor from Community Legal Advice is stressing that there are risks in appealing, principally because although the tribunal do not have any jurisdiction to change the new award, they could alert the Department for Work and Pensions to reconsider it. The solicitor feels this risk would be increased if a presenting officer attends the next hearing (although so far nobody has done so).

Is the solicitor's wariness simple a case of doing her duty to warn me, or is there really nothing to worry about in respect of my present award of DLA? (which I am not asking to have looked at again anyway.)

Also, one other question. At the adjourned tribunal back in February, the doctor on the panel said he would insist on being present at the next hearing. It was quite apparent from his attitude that he didn't feel I was entitled to anything anyway and I feel if he is there again I really will not have a fair hearing. He had no real understanding of fibromyalgia, dismissing even the fact that I had been diagnosed by a neurologist as irrelevant because 'only a rheumatologist could diagnose it.' Hardly any of the medical evidence requested by the tribunal has been forthcoming even after all these months.

Sorry to have gone on about this so much, but it has really worried me.

A DLA Tribunal do have the power to change an existing award. If that wasn't the case the Tribunals Service would be a farce.

What they cannot do is to take account of a new claim, or any worsening of your condition, or any new conditions which have arisen since your claim.
Under previous legislation, DLA Tribunals were allowed to consider evidence down to the date of your hearing.

There is always a danger that a DLA Tribunal could reduce or even take away an existing award, but under current legislation, they would have to warn you that they were considering this, to give you the option of withdrawing your appeal, or to seek further advice from your solicitor unless of course they will be attending the tribunal with you.

So is there any risk of my losing my present award (the new claim dated September/October 2009) if I pursue an appeal against an earlier claim dated summer 2008? Do tribunals tell the DWP to take a new look at a new claim (which isn't being look at by the tribunal) in a less favourable light?

At the last tribunal, in February, I was told in no uncertain terms that it was silly to risk my present (new) claim just to try to get some back pay from the original claim. Does that count as warning me that they are considering taking away an existing award, even though it's not the subject of the appeal to the tribunal?

Alas, I cannot get any representation at the tribunal in my area (Wales) as there appears to be no funding available. My solicitor did make enquiries but apparently it's not possible even for CAB to accompany me.

I have been rather ill, in and out of hospital since i last posted here. I still haven't told my solicitor whether to go ahead or not... I suppose this is how the whole system works, just batter you down until you're too ill to fight back.