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Can I make a fresh claim whilst waiting for appeal

  • marygal
  • Topic Author
13 years 5 months ago #58351 by marygal
Hi all.

I'm new to this site and wish I had found it months ago when I renewed my claim. After years of getting DLA it has now been refused and I am appealing against the decision. The appeal won't be heard before Oct this year.

Can I make a fresh claim while I am waiting on my appeal going through?

Thanks.

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  • pata1
13 years 5 months ago - 13 years 5 months ago #58353 by pata1
Hi,

Yes you can, more so if your condition(s) have worsened or you have new conditions which weren't known when you submitted your first claim.

You need to ring the Benefits Enquiry Line on 0800 882200 and request a new claim pack

Hope this helps.

Pat
Last edit: 13 years 5 months ago by pata1. Reason: Added information.

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  • marygal
  • Topic Author
13 years 5 months ago #58355 by marygal
Thank you Pat

Is there a timescale between my last claim finishing and making a new claim. For instance do I have to wait a certain length of time before claiming again?

Mary

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More
13 years 5 months ago #58357 by Crazydiamond
Just to add to what Pat has said, it would be in your interests to submit a further claim, as the appeal tribunal will only be looking down to the date of the decision under appeal, and not beyond that date.

Furthermore, a new claim may be successful which would mean that if your appeal succeeds, any award by the tribunal will run until the day before the new award takes effect. If however your new claim does not succeed, or you are not satisfied with the level of the DLA award on the new claim, you can submit another appeal against the second decision if necessary?

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • pata1
13 years 5 months ago #58361 by pata1
marygal wrote:

Thank you Pat

Is there a timescale between my last claim finishing and making a new claim. For instance do I have to wait a certain length of time before claiming again?

Mary


No, you can put in a new claim now if you wish.

Also, note the comments by my colleague, Crazydiamond. He is a former DHSS/DSS Adjudication Officer, which is the equivalent of a Decision Maker, no longer the DHSS/DSS but now the DWP.

Good luck :)

Pat

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  • Nervy
13 years 5 months ago #58410 by Nervy
Crazydiamond wrote:

it would be in your interests to submit a further claim,

However here's a link to a message on BBC Ouch! Talk, quoted below

Right, first up: try to avoid making a new DLA claim, because that means you'll lose any backdated DLA you're entitled to, which could be a substantial sum by now.

So is it true that you would lose any backdated DLA?

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