- Posts: 75
× Members
DLA NEW CLAIM QUESTION
- Mel B
- Topic Author
- Offline
Less More
10 years 6 months ago - 10 years 6 months ago #112494 by Mel B
DLA NEW CLAIM QUESTION was created by Mel B
Hello everybody
Situation. Submitted dla claim in May 2013. Awarded low day care July 2013
Had bad fall end of July 2013 advised dwp awaiting results of xray.
Asked for reconsideration as not awarded night care / mobility Aug 2013.
Reconsideration result Sept 2013 low day care taken away still no night care / mobility.
Appeal submitted Sept 2013.
I have been advised to submit new claim for my torn rota cuff as it has been more than three month since the accident and treatment could last for more than six months.
The appeal court will not know about the new claim.
The acccident was after my original application so has to be treated as a new claim and will not be taken into consideration even though my wife has extra resonsibilities for care during that period. I was going to mention this in my submission to support this appeal.
This accident could be mentioned at the appeal but not taken into consideration for that claim.
Is that correct?
If I am awarded low day care or middle day care at the appeal and the new claim submitted this November is also awarded at low rate day care by the DWP.
I would have two low day care components or one low and one middle is that possible??
Many thanks
Mel b
Situation. Submitted dla claim in May 2013. Awarded low day care July 2013
Had bad fall end of July 2013 advised dwp awaiting results of xray.
Asked for reconsideration as not awarded night care / mobility Aug 2013.
Reconsideration result Sept 2013 low day care taken away still no night care / mobility.
Appeal submitted Sept 2013.
I have been advised to submit new claim for my torn rota cuff as it has been more than three month since the accident and treatment could last for more than six months.
The appeal court will not know about the new claim.
The acccident was after my original application so has to be treated as a new claim and will not be taken into consideration even though my wife has extra resonsibilities for care during that period. I was going to mention this in my submission to support this appeal.
This accident could be mentioned at the appeal but not taken into consideration for that claim.
Is that correct?
If I am awarded low day care or middle day care at the appeal and the new claim submitted this November is also awarded at low rate day care by the DWP.
I would have two low day care components or one low and one middle is that possible??
Many thanks
Mel b
Last edit: 10 years 6 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
10 years 6 months ago #112497 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA NEW CLAIM QUESTION
Hello Mel
The Tribunal can only consider your condition as it was at the time of the Decision you appealed, your rota cuff injury occurred after this and cannot be looked at.
If you make a new claim for DLA, then the injury can be included as the DWP will be looking at your condition as it is now.
If you win your appeal and are awarded either MRC or HRC then this Decision will stay in affect until a new Decision is made on your new claim, this Decision will then supersede the Tribunal one, if the new claim results in an LRC award again, then your DLA will be reduced again. Any new Decision will be appealable.
So to summarise, you can only have one award of DLA, each new Decision on your claim replaces the previous one. A Tribunal re-makes the Decision being appealed, it does not make a new Decision.
I hope this explains it.
Gordon
The Tribunal can only consider your condition as it was at the time of the Decision you appealed, your rota cuff injury occurred after this and cannot be looked at.
If you make a new claim for DLA, then the injury can be included as the DWP will be looking at your condition as it is now.
If you win your appeal and are awarded either MRC or HRC then this Decision will stay in affect until a new Decision is made on your new claim, this Decision will then supersede the Tribunal one, if the new claim results in an LRC award again, then your DLA will be reduced again. Any new Decision will be appealable.
So to summarise, you can only have one award of DLA, each new Decision on your claim replaces the previous one. A Tribunal re-makes the Decision being appealed, it does not make a new Decision.
I hope this explains it.
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.
- Mel B
- Topic Author
- Offline
Less More
- Posts: 75
10 years 6 months ago - 10 years 6 months ago #112502 by Mel B
Replied by Mel B on topic DLA NEW CLAIM QUESTION
Hi Gordon
Thanks for that you have explained that very well. cheers.
Really it would be wise to wait until I get the outcome of the appeal.
If I do get HRC there is a chance of having it reduced to the LRC because of the new claim.
But if I wait and I am not awarded anything, then I could submit a new claim as I have nothing to loose.
What do you think?
Thanks for that you have explained that very well. cheers.
Really it would be wise to wait until I get the outcome of the appeal.
If I do get HRC there is a chance of having it reduced to the LRC because of the new claim.
But if I wait and I am not awarded anything, then I could submit a new claim as I have nothing to loose.
What do you think?
Last edit: 10 years 6 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
10 years 6 months ago #112504 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA NEW CLAIM QUESTION
Mel
Providing you can manage the current shortfall in payments then this is probably the safest way of proceeding.
To correct a mistake in my previous post, as you already have an award for DLA, you would need to request a Supersession (re-assessment) of your claim, rather than making a new claim for DLA.
Gordon
Providing you can manage the current shortfall in payments then this is probably the safest way of proceeding.
To correct a mistake in my previous post, as you already have an award for DLA, you would need to request a Supersession (re-assessment) of your claim, rather than making a new claim for DLA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mel B
Please Log in or Create an account to join the conversation.
- Mel B
- Topic Author
- Offline
Less More
- Posts: 75
10 years 6 months ago - 10 years 6 months ago #112506 by Mel B
Replied by Mel B on topic DLA NEW CLAIM QUESTION
Hi Gordon
I did have Low rate day car but they took it away so now I have nothing.
I did have Low rate day car but they took it away so now I have nothing.
Last edit: 10 years 6 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
10 years 6 months ago #112508 by Gordon
Sorry, of course they did, I'm trying to multi-task and not being very successful
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA NEW CLAIM QUESTION
Mel B wrote: Hi Gordon
I did have Low rate day car but they took it away so now I have nothing.
Sorry, of course they did, I'm trying to multi-task and not being very successful
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mel B
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris