still waiting on tribunal hearing but condition worsened and surgery required

Hi laurisa1988

That is a hard call to make as it would depend on what you think your partner may receive at the tribunal, remember the tribunal is only interested in how your partner was at the assessment and not as they are now.

If you believe that your partner would only be eligible for standard rate but now since his condition has worsen they would be entitled to the enhanced component then apply for a change in circumstances.

Personally I do not like to make a new claim whilst one is being appealed, although I do understand why claimants make numerous claims, especially when they cannot get to see an adviser.

I came across a client today who had been turned down for AA but rather applying for a MR they made a new claim, they were waiting for a diagnose of dementia which arrived after they were turned down the first time. so they made a new claim, now waiting for the outcome.

Gary

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Just to add.

Making a new claim now will result in any Tribunal Decision being Closed, this means that the Decision will only be up to the date that the new claim is made. TThe Decision from the new claim will then supersede it, what ever that Decision is

Depending on timings, if your partner receives an award then this can be used as evidence for the new claim but it is possible to receive an award from the Tribunal and a lower one or no award from the new claim, so be aware of this possibility before you decide to go ahead.

Also, please go over the original claim to understand why it failed so that you can deal with these issues in the new one.

The Decision from a new claim will carry its own right of appeal.

Gordon