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DLA Appeal/simultaneous new claim?

  • Pawprint
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13 years 6 months ago #26068 by Pawprint
DLA Appeal/simultaneous new claim? was created by Pawprint
I am really sorry for asking this question again - but i need to clarify a few points because I have received confusing and contradictory advice whilst the forum has been closed.

Recap-

DLA Claim sent and refused - appeal requested and reconsideration refused as well - now awaiting appeal paperwork.

Is there any reason (time limits or purely the fact there is an existing claim in appeal stage) why we cannot put in a fresh claim to run simultaneously?

I understand that the appeal can take a long time - and also that if the new claim is successful the award will only be valid from the date of the latest claim not the original.

Will they just see the NI number on the fresh claim and auto-reject it because it will flag up that there is a current appeal in progress ?

Many thanks for your help and thoughts.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 6 months ago #26070 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA Appeal/simultaneous new claim?
Hi P,

It is possible to put in a fresh claim for DLA which can run in tandem with a pending appeal.

This is often done if the claimant's needs have changed for the worse, but I've also seen it done where the condition(s) are more or less the same.

Often Decision Makers don't look at the evidence in full whilst others do and make an award, whilst a different Decision Maker may refuse to make an award.

Appeals are taking longer due the the growing number of ESA appeals which has slowed down the whole appeals process.

If you are able to accept an appeal date at short notice, you should let the Tribunals Service office dealing with your claim know, as often appeals are cancelled at short notice, or sometimes the appellant just doesn't turn up.

Rather than waste the normal 40 minutes slot for that appeal, the Clerk to the Tribunal will ring around and try to fill the vacant slot.

Hope this information is of some help.

Good luck.

Jim

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