dla tribunal refused, award cancelled

my son until january was on middle care and lower mobility as he has adhd and also suffers depression, anxiety and has ocd tendancies.
I filled the renewal form in which probably wasn't the best idea but on the previous was told by cab they had had funding withdrawn so couldn't. Anyway it was reduced to the lower level care which he appealed.
Next tribunal which i thought was the way it had to be done which he ticked to go ahead(but didn't attend) and sent off.
tribunal refused appeal and also took away the lower care as well.
Somewhere on the line i have got mixed up as now I have a copy of all the letters etc(from tribunal) there is a appeal refusal from the dwp which i didn't see(either he didn't get or never showed me) and so i just presumed the tribunal was the next stage which clearly wasn't now i have copies.

Anyway not sure what to do now or if anything can be done.
Can't appeal to the upper level as theres no error in law so and have tried to find out if you can reapply or have to wait which i have come across answers from wait 6 months to straight away.

Do you now have to wait 6 months before reapplying? although it will be the pip and on looking at that he may not be able to qualify anyway. Or can you reapply straight away as it says that dla can be applied for up to the 8th although wouldn't they just refuse it anyway as its been taken away but the tribunal on 21 march(no letter from dwp yet).

Hi shelly,

You can reapply for DLA straight away. I suggest that you make full use of our guides when filling in the forms

DLA claims

If you have any further questions please come back and ask them on this thread/topic - it makes things easier if everything is kept together. You will be able to find it easily in future if you mark it as a 'favourite' now

Mrs Hurtyback wrote: Hi shelly,

You can reapply for DLA straight away. I suggest that you make full use of our guides when filling in the forms

DLA claims

If you have any further questions please come back and ask them on this thread/topic - it makes things easier if everything is kept together. You will be able to find it easily in future if you mark it as a 'favourite' now

Thankyou for your reply.

Will they not take the tribunal result into account?
also he hasn't actually received a letter from the dwp yet he only has the tribunal letter stating that they have found that he does not fit the criteria for dla at any rate so will i have to wait until he recevies a letter as the tribunal was 21 march and it says the dwp would find out quickly. I know we've had easter but i would have thought he would have heard by now.
I have read your guide and have realised that some of the questions i answered no to i could of answered yes to and also i have tended to put the care i give rather than what he needs so hopefully do a lot better this time.
One of the things it said on the appeal letter was that he hadn't submitted any medical evidence even though it was stated that he is now in the process of receiving help from First Step. The other thing is that a psychiatric report was carried out a few weeks ago as hes in trouble for his behaviour in his flat, should i include that(it mentions the trouble hes in)? bit worried about parts of it as i disagree with some bits ie he finds no ocd tendancies(going off what my son says) when i know he has definate ocd issues as i deal with him from day to day.
Also with it being a new claim do i send in his previous diagnosis as that dates back to when he was 15 and is it better to do it online or by post taking into account i only have 5 days?
sorry for all the questions just want to get it right this time

Gordon wrote: Shelly

Will they not take the tribunal result into account?

A Tribunal re-makes the original Decision that you appealed, so I would guess this to be at least six months ago if not longer, so there should be no problem with you submitting a new claim.

he hasn't actually received a letter from the dwp yet he only has the tribunal letter stating that they have found that he does not fit the criteria for dla at any rate so will i have to wait until he recevies a letter

No, the DWP will not issue any further notice on his previous claim.

One of the things it said on the appeal letter was that he hadn't submitted any medical evidence even though it was stated that he is now in the process of receiving help from First Step. The other thing is that a psychiatric report was carried out a few weeks ago as hes in trouble for his behaviour in his flat, should i include that(it mentions the trouble hes in)? bit worried about parts of it as i disagree with some bits ie he finds no ocd tendancies(going off what my son says) when i know he has definate ocd issues as i deal with him from day to day.

Yes, you should submit any evidence that you feel is relevant to his claim.

Also with it being a new claim do i send in his previous diagnosis as that dates back to when he was 15

I would, it goes to establishing that he has problems.

is it better to do it online or by post taking into account i only have 5 days?

I am not sure why you think you have 5 days, but that aside, you cannot make an online claim, merely use the online forms and print them to send to the DWP. See

DLA Claim forms

Gordon

Hi

I presumed i only had until the 7th april as the pip starts in my area on the 8th April.

Also its less than 6 months as his renewal date for his dla was the 19th january so does that mean they will look at the tribunal and will they look at all of his old award forms as i am also using them for guideance.

Can i also put down he needs more help during the night(even though i can't give it) for preventing anti social behaviour as hes actually being taken to court by the council and his neighbour to have an injunction put on him for his behaviour. The courts ordered a psychiatric report which is the report i am going to send in but that does say he has adhd and is disabled under the 2010 act and
that although he understands what an injunction his ability to comply with the order may be impaired due to his impulsivity and attention difficulties if he does not recieve help for his adhd.