Make A New Claim DLA When Appealing

I have been claiming DLA at Higher rate for 7 years and Lower Rate Mobility. Both were awarded Indefinately.
These awards were made on my Mental state. Since developing a physical illness too which is narrowing my spine and having waited 6 months to make sure this wasn't a small back problem I made a claim for Mobility allowance to have all my previous claim overturned too despite there being no change except I now get no treatment in the area where I now live! I have appealed immediately but I have found out that because of the time lapse until appeal an appeal can be overturned for taking too long and the gentleman was asked why he hadn't made a fresh claim.

I phoned DLA who said I could make a fresh claim as I now had no ongoing claim and the appeal was a serarate issue and should I win that I could in theory get my DLA reinstated and get any money outstanding from the Appeal.

This has been substanciated by a Manager at the CAB and evenually by my local councils benefit team.

Why are we not told to do this as my reassement alone could take over 11 weeks before getting to appeal stage and at least you have nothing to lose in making a fresh application at the same time.

Anyone else aware of this or used this

Sad Lisa wrote:

I have been claiming DLA at Higher rate for 7 years and Lower Rate Mobility. Both were awarded Indefinately.
These awards were made on my Mental state. Since developing a physical illness too which is narrowing my spine and having waited 6 months to make sure this wasn't a small back problem I made a claim for Mobility allowance to have all my previous claim overturned too despite there being no change except I now get no treatment in the area where I now live! I have appealed immediately but I have found out that because of the time lapse until appeal an appeal can be overturned for taking too long and the gentleman was asked why he hadn't made a fresh claim.

I phoned DLA who said I could make a fresh claim as I now had no ongoing claim and the appeal was a serarate issue and should I win that I could in theory get my DLA reinstated and get any money outstanding from the Appeal.

This has been substanciated by a Manager at the CAB and evenually by my local councils benefit team.

Why are we not told to do this as my reassement alone could take over 11 weeks before getting to appeal stage and at least you have nothing to lose in making a fresh application at the same time.

Anyone else aware of this or used this

Hi,

In some circumstances, it may not be appropriate to submit a new claim for DLA whilst an appeal is outstanding - it can depend on one's circumstances both at the time of the initial claim and the subsequent claim.

As an example (and highlighting the potential danger), an oral appeal tribunal is a full 're-run' of a claim. A panel could come to the conclusion that a claimant should be entitled to say High Rate Care and High Rate mobility for a certain period or indeed indefinitely. In which case, the 'back pay' would be paid to date of claim.

However the new claim could act as a supercession of the tribunal's award and it could be revised downwards.

Hence it is most important to get personal face to face advice before going down this route due to the potential pitfalls as everyone's claim is different.

Pete

If an award of DLA was made consisting of HRC and HRM indefinitely by an appeal tribunal, there is nothing to prevent a claimant withdrawing the subsequent claim before a decision is made. In these circumstances, the DWP are duty bound to accede to the claimant's request and cannot insist that the claim is still live, once the notice of withdrawal has been made.

When a withdrawal of claim is requested, it is crucial that the relevant correspondence is sent by recorded delivery to ensure that the DLA Unit don't attempt to proceed and make a decision on the subsequent claim.

I appealed my DLA decision and, given that the date of the Tribunal was over 6 months away(!) was advised by a WRO to make a new claim so that I could get much needed help in the meantime. The DLA wrote to her and explained that if the new claim was rejected (or lower) then I ran the risk of losing any continuing payments that might result from a positive Tribunal decision. I would get backdated payments as s result of the Tribunal but these might stop (or be reduced) from the date of the new claim (depending on it's decision). On the advice of the same WRO I decided to withdraw the new claim as we felt it was too risky. I have therefore had to wait for 6 months with no support. I am unable to cook, shop, go out to family/friends, shower and have had to rely on friends to help me. I have had a folic acid deficiency twice due to poor nutrition and have fallen 3 times (once outside). The Tribunal are making a decision based on my application of Aug 2010. I fully expect the DWP to require a re-assessment following the Tribunal decision, if it is positive. Surely this whole system is tantamount to torture of the disabled - is this legal? How can they do this with impunity? Sorry, I'm just nervous as my hearing is in 3 days time.