× Members

Re:DLA Appeal

More
11 years 11 months ago #85836 by Gordon
Re:DLA Appeal was created by Gordon
Tilly wrote:

Good day all. I did post a week ago or so with the good news that I had gone from no DLA award to two high awards - thank you again B&W. The thing is they didn't change the claim date. So my only dispute now is the claim date. Does this mean this issue will still be going to tribunal?. I have had no letter concerning this. Should I be submitting a new appeal regarding this?

By claim date do you mean the date from which the award was started, or the length of the award?

In either case, as a new Decision in your favour has been made, then I would expect your DLA appeal to have lapsed, so if you want to challenge the date used, you would have to lodge a new appeal on this basis.

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.

More
11 years 11 months ago - 11 years 11 months ago #85938 by Tilly
Replied by Tilly on topic Re:DLA Appeal
Thanks Gordon. There were 3 points I was appealing against originally, 1)failure to award care componant 2)failure to award mobility componant andf 3)incorrect entitlement date/date from which award started.
Now I have awards for care and mobility but the date has not been changed. So does this mean it will still be going to tribunal as they hve not changed the date?
Last edit: 11 years 11 months ago by slugsta.

Please Log in or Create an account to join the conversation.

More
11 years 11 months ago #85946 by Gordon
Replied by Gordon on topic Re:DLA Appeal
Tilly wrote:

Thanks Gordon. There were 3 points I was appealing against originally, 1)failure to award care componant 2)failure to award mobility componant andf 3)incorrect entitlement date/date from which award started.
Now I have awards for care and mobility but the date has not been changed. So does this mean it will still be going to tribunal as they hve not changed the date?

I'm assuming that your appeal was still with the DWP when they notified you of the new Decision. This being the case and the new Decision being in your favour, I would imagine that they have lapsed the appeal, so if you want to challenge when the award is with effect from you will need to lodge a new appeal. You need to be aware that there is a risk associated with doing this, see

Is there any risk to challenging a decision?

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.

More
11 years 11 months ago #85949 by Tilly
Replied by Tilly on topic Re:DLA Appeal
Thanks for that. So if I appeal the date of award only, they could still reverse the decision they have just reversed re the care and mobility awards?

Please Log in or Create an account to join the conversation.

  • pete17971
11 years 11 months ago #85950 by pete17971
Replied by pete17971 on topic Re:DLA Appeal
Tilly wrote:

Thanks for that. So if I appeal the date of award only, they could still reverse the decision they have just reversed re the care and mobility awards?


Hi,

Yes, the tribunal can look at the whole claim, not just the dates you are appealing against, hence Gordon's warning and link re the risk.

Pete

Please Log in or Create an account to join the conversation.

More
11 years 11 months ago - 11 years 11 months ago #85969 by Tilly
Replied by Tilly on topic Re:DLA Appeal
mmmmmm,ok,something to consider. Thanks guys.
Last edit: 11 years 11 months ago by slugsta.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.