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Re:DLA Appeal
- Gordon
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By claim date do you mean the date from which the award was started, or the length of the award?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?
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
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- Tilly
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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?
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- Gordon
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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, seeThanks 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?
Is there any risk to challenging a decision?
Gordon
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- Tilly
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- pete17971
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
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- Tilly
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