dla appeal

David wrote: thanks for the reply the welfare rights have informed me that my husband could go for a supersession on the condition worsening since the appeal was put forward. his Motability is much worse as well as his personal care but the judge at the tribunal had said if we didn't with draw he could lose the higher rate of mobility even though he is much worse it was very confusing as my husband gets confused easy, like I said the judge confused me we live county Durham area we where going to go to put a pip claim in but not sure when this starts. the supersession form would that be like a tribunal or do they get another decision maker to look at the form with your old claim and the judges notes the welfare rights said the case is closed please can you help with your advise worried sick he cannot lose his higher rate Motability also but needs lots help with personal care

thank you

A Tribunal can only consider a claimants condition as it was at the time of the Decision being appealed, so they could not look at any deterioration that your husband has suffered from.

You cannot make a claim for PIP as he is already in receipt of DLA, but you can request a Supersession on the basis of a deteriorated condition, if you are in County Durham then I believe you are outside the area where a Change of Circumstances will result in a conversion to PIP, however, this is subject to change.

If the judge suggested you withdraw your appeal, then this would be because they thought is likely that the panel would remove the original award, so whilst the deterioration in your husbands condition can now be considered I would strongly recommend that you look at the case you put forward in the appeal, to avoid making the same mistakes when presenting a new one.

Gordon