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Simultaneous Appeal and New Claim (DLA)
- Pawprint
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14 years 5 months ago #22696 by Pawprint
Simultaneous Appeal and New Claim (DLA) was created by Pawprint
I wanted to make sure that i have understood this correctly please ?
Is it possible to have a DLA claim in the appeal process and still submit a new claim ?
Are there any time limits involved - ie you cannot put a new claim in for 3 months or something ?
GL24 in is - but understand an appeal process can sometimes take over 12 months -and wondered whether a fresh claim may be worth running in tandom as this may be a quicker route ?
Many thanks.
Is it possible to have a DLA claim in the appeal process and still submit a new claim ?
Are there any time limits involved - ie you cannot put a new claim in for 3 months or something ?
GL24 in is - but understand an appeal process can sometimes take over 12 months -and wondered whether a fresh claim may be worth running in tandom as this may be a quicker route ?
Many thanks.
- Crazydiamond
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14 years 5 months ago #22714 by Crazydiamond
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Crazydiamond on topic Re:Simultaneous Appeal and New Claim (DLA)
You can have a DLA appeal running concurrently with a further (new) DLA claim, and it can be submitted at any time.
It is not unknown for a further claim to succeed, where an appeal is outstanding against a previous adverse DLA decision
It is not unknown for a further claim to succeed, where an appeal is outstanding against a previous adverse DLA decision
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- jeffw
14 years 5 months ago #22718 by jeffw
Replied by jeffw on topic Re:Simultaneous Appeal and New Claim (DLA)
This topic is interesting because I had already decided that if I lose my appeal - no date yet but hopefully Sept Oct 2010 - I would apply immediately. Are you guys saying I can apply now ? (without prejudicing (sp?) my appeal).
What if a new claim eventually contradicts the appeal - either way ?
What if a new claim eventually contradicts the appeal - either way ?
- Steve Donnison
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14 years 5 months ago #22725 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:Simultaneous Appeal and New Claim (DLA)
Hi jeffw,
If you put in a new claim whilst your appeal is proceeding and the new claim is refused, but the appeal succeeds, then your award from the tribunal will only apply up to the date of the decision on your new claim.
Good luck,
Steve
If you put in a new claim whilst your appeal is proceeding and the new claim is refused, but the appeal succeeds, then your award from the tribunal will only apply up to the date of the decision on your new claim.
Good luck,
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Pawprint
- Topic Author
14 years 5 months ago #22732 by Pawprint
Replied by Pawprint on topic Re:Simultaneous Appeal and New Claim (DLA)
Thanks Steve - the reason for the question is .. i helped with two claims - bith are an identical hereditary condition with identical needs, doctors and specialist letters and medication and consequences.
Infact both forms were almost the same due to the people being related.
Obviously the forms went to different decision makers - one came back with an indefinate award with HRM and HRC and the other came back with a refusal saying it does not qualify.
This shows the complete inconsintancy with the DM decisions.
Obviously they have gone to appeal with the one refused - but we wondered whether we should pit in a fresh duplicate claim in and hope we get a DM with a brain this time !
Grrrrrr so frustrating !!!
Infact both forms were almost the same due to the people being related.
Obviously the forms went to different decision makers - one came back with an indefinate award with HRM and HRC and the other came back with a refusal saying it does not qualify.
This shows the complete inconsintancy with the DM decisions.
Obviously they have gone to appeal with the one refused - but we wondered whether we should pit in a fresh duplicate claim in and hope we get a DM with a brain this time !
Grrrrrr so frustrating !!!
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