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Confused Over Appeal and New Claim Response

  • marygal
  • Topic Author
12 years 6 months ago #68111 by marygal
Hi

I posted some time ago asking if I could submit a new claim for DLA while waiting on my appeal for DLA being heard and was told that I could. I was also told that I could end up with an appeal on my new claim at the same time as my original appeal.

Before my initial appeal I was on Higher rate Mobility and Middle rate Care.

My appeal was due to be heard in Nov this year.

Bearing in mind what could happen, I submitted a new claim. I have now had a new decision regarding my appeal granting me High Rate Mobility and lower rate care and a letter to say that my appeal has now lapsed. This is lower than what I had been on

What seems to have happened is that they have taken my new claim into account for my appeal as well as the ATOS report. Can they do this?

I thought the appeal and new claim would be treated separately. Apparantly if I do not agree with the decision I have to start my appeal all over again which can take another 12 months.

No letter has been sent to me regarding the new claim which mentions the help I need day and night.

Where do I go from here?

Thanks.

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12 years 6 months ago #68149 by Gordon
marygal

Just to summarise your post, the DWP have Reconsidered your original claim and made a higher award than you originally received, this coincided with the you submitting a new claim?

Have you been told that you will receive back dated payments as part of this Decision?

Unfortunately, when a Reconsideration results in an award that is more favourable than the previous Decision, the DWP are entitled to lapse the appeal.

It sounds like the evidence in your new claim was used to the make the Decision, have you had any correspondance regarding this claim?

There is always the potential for a new claim to "interfere" with an appeal, as a new Decision is made, whereas the Tribunal remakes the original Decision.

If my summary at the benginning of the post is correct, then you are entitled to appeal the Decision, and because it is a Reconsideration (remaking the original Decision) any increased award by a Tribunal will still be backdated to the original date.

Was this decision fair, no, was it legal, if as described, I believe so.

I hope this explains things, but if you still have questions, please come back to the Forum.

Gordon

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

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  • marygal
  • Topic Author
12 years 6 months ago #68169 by marygal
Hi Gordon

Originally I was receiving high rate mobilty, and middle rate care and both were stopped at the end of March which is when my appeal started.

On 1st June I requested a new claim pack, completed it and returned it on 9th July 2011, well within the timescale.

An ATOS doctor carried out a home visit and medical on 15 August 2011. They have used information from his report to decide on my appeal and now granted me High rate mobility, as before, but only low rate care, less than what I was on. Not only that but I don't qualify now for the IB premium that I was on before.

They are saying that my appeal has lapsed and it appears that if I don't agree with the decision I have to start the whole appeal process again.

The money from this decision has been backdated to March.

I have had no correspondence in connection with my claim.

Regards

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