- Posts: 51288
× Members
Can I make a new claim now?
- John
- Topic Author
13 years 6 months ago #56597 by John
Can I make a new claim now? was created by John
Today at tribunal I was awarded low rate care for 3 years backdated to nov 2009 and through to nov 2012.
Question is I am right in thinking I can not make a fresh claim? How do I make a claim for higher benefit and also for mobility now?
The appeal today was concerned with a decision made in march 2010. There has been some difference in my care needs not massively but a difference none the less, I was moved from WRAG group for ESA to support group in Dec 2010 so assume the Atos Dr then thought I had got worse.
What / how do I make a further claim?
Thanks for your help.
John
Question is I am right in thinking I can not make a fresh claim? How do I make a claim for higher benefit and also for mobility now?
The appeal today was concerned with a decision made in march 2010. There has been some difference in my care needs not massively but a difference none the less, I was moved from WRAG group for ESA to support group in Dec 2010 so assume the Atos Dr then thought I had got worse.
What / how do I make a further claim?
Thanks for your help.
John
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
13 years 6 months ago #56603 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Can I make a new claim now?
John
I am not aware of any restriction on you making a revised claim for DLA based on your condition having worsened, as is the case for ESA.
You may be able to use the ESA SG determination, providing that it is actually relevant to a DLA claim, but I would not rely on this solely to win your case. So you will need provide evidence that shows how you condition has worsened since November 2009, which I assume was when you last made an application.
Gordon
I am not aware of any restriction on you making a revised claim for DLA based on your condition having worsened, as is the case for ESA.
You may be able to use the ESA SG determination, providing that it is actually relevant to a DLA claim, but I would not rely on this solely to win your case. So you will need provide evidence that shows how you condition has worsened since November 2009, which I assume was when you last made an application.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- John
- Topic Author
13 years 6 months ago #56614 by John
Replied by John on topic Re:Can I make a new claim now?
Thanks Gordon
Yes it is nov 2009 my initial claim. I am asking for a statement of reasons before deciding further but I feel I have wasted so much time by not reclaiming while awaiting appeal as things got worse, not a lot worse but worse enough to make some difference.
I am going to ponder for a few days and re think then, a bit peeved off right now tonight to be honest....
Thanks for th egreta help you guys give.
John
Yes it is nov 2009 my initial claim. I am asking for a statement of reasons before deciding further but I feel I have wasted so much time by not reclaiming while awaiting appeal as things got worse, not a lot worse but worse enough to make some difference.
I am going to ponder for a few days and re think then, a bit peeved off right now tonight to be honest....
Thanks for th egreta help you guys give.
John
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David