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Can I make a fresh claim whilst waiting for appeal

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12 years 10 months ago - 12 years 10 months ago #58411 by Gordon
Nervy

I can not see how making a new claim could negate any backdated payments.

In the example you reference the advice is not to make new claim in replacement of the original claim, which appears to have been lost in the system.

A new claim can only look at how you are today and what you will be like in the future.

A tribunal can only look at how you were when the Decision you were appealing was made and how you would be subsequently.

At worst case, were your new claim turned down, you tribunal award would be from the original Decision date until the datee of the new Decision, and you would still have the option to appeal that new Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 10 months ago by Gordon.

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  • Nervy
12 years 10 months ago #58455 by Nervy
Gordon wrote:

Nervy
A new claim can only look at how you are today and what you will be like in the future.

A tribunal can only look at how you were when the Decision you were appealing was made and how you would be subsequently.
Gordon


When you say subsequently, that includes today and the day of the tribunal.

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12 years 10 months ago #58458 by Gordon
Nervy wrote:

When you say subsequently, that includes today and the day of the tribunal.

You'll have to forgive me Nervy, but I'm don't understand the point you are trying to make.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 10 months ago #58469 by Crazydiamond
Nervy wrote:

Crazydiamond wrote:

it would be in your interests to submit a further claim,

However here's a link to a message on BBC Ouch! Talk, quoted below

Right, first up: try to avoid making a new DLA claim, because that means you'll lose any backdated DLA you're entitled to, which could be a substantial sum by now.

So is it true that you would lose any backdated DLA?


The information as quoted by BBC Ouch! Talk is totally incorrect.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Nervy
12 years 10 months ago #58491 by Nervy
Nervy wrote:

Gordon wrote:

A new claim can only look at how you are today and what you will be like in the future.

A tribunal can only look at how you were when the Decision you were appealing was made and how you would be subsequently.
Gordon


When you say subsequently, that includes today and the day of the tribunal.


I just wanted to clarify things. I thought I remembered a post from November. This is the link. It looks like Derek4 disagrees
Derek4 wrote:

Tribunals can only consider your circumstances around the date of the decision to stop your benefit. Any improvement or worsening of health since then cannot be considered. Therefore you have to describe your health at that point in time and any medical evidence should relate to near the date of decision.

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  • pata1
12 years 10 months ago #58498 by pata1
Hi,

I'm afraid you're confusing yourself, Derek's post is giving the same information as that provided by Crazydiamond and Gordon.

I'm afraid you are repeatedly asking frequent questions which causes extra work for moderators and is clearly not allowed. See FAQ

Extract : 5. Excessively long or frequent posts.

Frequent posts on the same topic may be deleted by moderators if they feel your posts are excessive, which in my opinion they are. We are not a 24/7 welfare rights organisation. All moderators are volunteers, and all have chronic ill-health/disability themselves.

Please bear this in mind, before posting as again we cannot give advice on individual claims as you've been advised before, yet you persist in doing so on a regular basis.

Thank you for your cooperation.

Kind regards.

Pat

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