Childs DLA Appeal & New Claim

Sarah

Starting a new claim allows you to include up to date evidence of your daughters problems, the Tribunal can only take account of information that was available at the time that the Decision you have appealed was made. Remember that DLA for children looks at their needs in comparison to children of a similar age, this may be easier now that she has started school.

The downside is that a new claim will automatically limit any award that a Tribunal might make, so as an extreme example, if the Tribunal makes am award but the new claim does not then she would only be entitled to payment from the date the original claim was made until the date of the new Decision. Obviously any new Decision would be appealable.

Gordon

sarahb254 wrote: Thank you Gordon, do you know if they awarded at new claim and appeal what happens ? I am just concerned if we lose at appeal (which could take months from now to find out) that I have wasted all theses months whilst we appeal not reapplying. Obviously you guys have much more experience of this than me can you advise whether you think it is better to do a new claim aswell? Cos I assume if they award at appeal they can't override the new claim as in give a 3 year award. I was told they may link them together but really not sure ? Thanks Sarah

As I explained in my previous post, any new claim will supersede the results of the Tribunal whatever the Tribunal may decide, this could be to your advantage or not, to be clear, they cannot link the old and the new claims.

If successful with the appeal, the claim will be backdated to July 2014 when you made the original application. A new claim will only apply from the date you make it. So one of the things to consider is how much you could lose in back payments if you do not appeal.

One of the things you might want to understand is why the claim failed, was it misunderstood evidence or a lack of it, If you have not already done so, you should request the assessment report from the DWP.

I am afraid this is a decision that only you can make, we can explain the options but we simply do not have the information on the forum (and never would have) to make the decision for you.

Gordon