Do I re-apply for DLA?

My DLA application was refused based on an old ATOS medical.

This DLA claim is going to appeal.

Should I start a fresh DLA claim now as the ATOS medical is more than 6 months old and was only for ESA anyway?

I cannot wait for March next year for the DLA appeal hearing, I need help now.

Thank you for any advice.

Lisa

Have your needs increased? If so, you could reapply on the basis of those greater needs.

When I originally applied for DLA the DWP refused the claim based on an ATOS medical for ESA from April 2010 that did not cover my current conditions.

This decision is being appealed. Appeal not expected until Mar 2011.

However, the ATOS medical is now over 6 months old. The DWP did not contact my GP for any information and their appeal papers refer solely to the ATOS report and do not take any account of my GP's supporting letter and referrals to the Mental Health team.

If I re-apply then surely they will be forced to arrange a new medical as the old one is too old to use?

The exact same has happened with my ESA which they suddenly stopped and I have reapplied for that too and now that the previous medical is well over 6 months old they will not be allowed to use that either.

My condition is deteriorating weekly and my GP has already backed me up with a letter but I would not be surprised if this episode turns into a farce just like before.

Lisa

You don't necessarily have a medical for DLA.

Your appeal will relate to how you were when you first applied. If you were to make another application now, it would relate to how you are now, so you'd need to show a deterioration between how you were when you first applied for DLA and now, not between the ESA medical and now.