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TOPIC: DLA appeal pending but illness got worse - reapply

DLA appeal pending but illness got worse - reapply 7 years 2 weeks ago #12945

  • Nicola Metcalfe
Hi,
I had an indefinate award of MRC/LRM due to mental health problems. I developed a severe muscle disease that cause weakness, pain, cramps and fatigue and I can only walk a few yards without being in severe discomfort so I asked for a change in circumstances to be considered.

Unfortunately because I was focussing on the physical illness rather than the mental illness they reduced my claim to LRC/LRM and based it on my claim pack and a medical which failed me for ESA (I am appealing) which was full of inconsistancies.

The decision has been looked at again but remains unchanged and has been forwarded to appeal.

The question is now I have access to my original claim form and the help on this site and the fact that my illnesses (both physical and mental) have got worse should I hold out for the appeal or submit another change in circumstances now?
The administrator has disabled public write access.

Re:DLA appeal pending but illness got worse - reapply 7 years 2 weeks ago #12949

Nicola
Metcalfe wrote:
Hi,
I had an indefinate award of MRC/LRM due to mental health problems. I developed a severe muscle disease that cause weakness, pain, cramps and fatigue and I can only walk a few yards without being in severe discomfort so I asked for a change in circumstances to be considered.

Unfortunately because I was focussing on the physical illness rather than the mental illness they reduced my claim to LRC/LRM and based it on my claim pack and a medical which failed me for ESA (I am appealing) which was full of inconsistancies.

The decision has been looked at again but remains unchanged and has been forwarded to appeal.

The question is now I have access to my original claim form and the help on this site and the fact that my illnesses (both physical and mental) have got worse should I hold out for the appeal or submit another change in circumstances now?

If you wish to submit a further DLA claim form as a result of a deterioration in your condition while your appeal proceeds, there is nothing to prevent you from taking this course of action.

Indeed, you would be well advised to do so, because an appeal tribunal can only take into account the facts of initial claim down to the date of the original decision. Therefore, any change after this date would not be considered by the tribunal as they are prevented from doing so in law, by virtue of The Social Security Act 1998.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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