Can you start a new claim while your appealing?

mandyboops1973

I just read something about this on another forum and was just wondering if anybody could confirm.

my friend had her renewel reduced from high rate mobility and high rate care to NO mobility and low rate care.

it went to reconsideration and she was only awarded low rate care again.

we are now going to appeal

can she start a new claim while her appeal is in process? evern tho she has been awarded low rate mobility?

[Deleted User]

I dont see what the point would be?the appeal shouldnt(in theory)take any longer than a new application
as i understand it you can make a new claim if the appeal fails

mandyboops1973

woodbine wrote: »

I dont see what the point would be?the appeal shouldnt(in theory)take any longer than a new application
as i understand it you can make a new claim if the appeal fails

people have said they have waited up to 12 months for an appeal thats the thing.

TOBRUK

I thought from the other thread that they have said that if you disagreed with their decision to write a letter of appeal although she had been turned down for reconsideration?

If she makes a new application while you are appealing, they will see that she has already made an application and that it has gone to appeal.

I know you are worried that she may have to wait to hear about the appeal but for as long as it is going on she is still receiving DLA low mobility isn't she?

You never know, once you have written and exlained fully her mobility needs - saying that she can't get around without a stick, and emphasising even then she is in great pain even without walking at all, you may hear back soon.

Make sure you don't miss the deadline.

Ziggazee

You can't make a new application for DLA whilst you already have an award. What you can do is apply for a review of the claim if the care/mobility need have increased.

southantrim3

mandyboops1973 wrote: »

I just read something about this on another forum and was just wondering if anybody could confirm.

my friend had her renewel reduced from high rate mobility and high rate care to NO mobility and low rate care.

it went to reconsideration and she was only awarded low rate care again.

we are now going to appeal

can she start a new claim while her appeal is in process? evern tho she has been awarded low rate mobility?

Yes, you can apply for a new fresh claim while the appeal is ongoing. As others have rightly said an appeal can take up to 12months.

If you send enough medical evidence with regards to your mobility and care needs in your new fresh claim you might get awarded before your appeal is heard. Remember DLA has nothing to do with your disability (medical condition) eg if you have a heart attack they don't care. It's the extra care and mobility needs you will have as a result of the heart attack that matters.

Get a full and thorough statement from a close relative or someone who helps to look after you as to what needs to be done thorughout the day to help you survive.

Hope this helps

Gemstar30

southantrim3 wrote: »

Yes, you can apply for a new fresh claim while the appeal is ongoing. As others have rightly said an appeal can take up to 12months.

If you send enough medical evidence with regards to your mobility and care needs in your new fresh claim you might get awarded before your appeal is heard. Remember DLA has nothing to do with your disability (medical condition) eg if you have a heart attack they don't care. It's the extra care and mobility needs you will have as a result of the heart attack that matters.

Get a full and thorough statement from a close relative or someone who helps to look after you as to what needs to be done thorughout the day to help you survive.

Hope this helps

Hello

Are you sure?

I know it may be different, but when a relative claimed for DLA and failed just before their 65th birthday, He was told that he couldn't put a claim in for Attendance Allowance (having then turned 65) until the DLA case had been finalised. So he didn't bother to appeal and claimed AA - He didn't get that either!

If he had appealed, he would have lost the option of claiming for AA for as long as the appeal took to be heard.

Thank you

Gem
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[Deleted User]

of course these situations can be avoided by supplying as much information as possible with an application,true to say that many people dont pay enough attention to the application process and are then surprised when they dont get what they expect.
some advice.
1)dont be positive about your situation tell it as it is on a daily basis
2)seek help from welfare rights/cab/dial if you doubt your own ability to complete the forms
3)for a couple of weeks before applying keep a daily record of your care/mobility needs and send this with the forms
4)send any supporting evidence with the claim(dont wait till you have to appeal)
5)spend time working out your answers to all the questions before committing them to the application
6)sprinkle the forms with holy water

Indie_Kid

woodbine wrote: »

5)spend time working out your answers to all the questions before committing them to the application

When I did my forms, I wrote my answers on paper first. I always explained how a person helps and the limitation of equipment. (if applicable)

TOBRUK

I found that I did repeat the same thing (problem) many times (if appropriate) and on more than one page. It depended on the question, I think you really have to spell it out to them.

Things (difficulties/problems) that are the 'norm' for your everyday life need to be written down and explained - remember, they don't know or understand what your difficulties are unless you tell them.

As others have said, take your time with the form. I spent over a week filling it out, a little at a time (firstly on rough paper) and would go back and read it, make adjustments etc before writing it on the form.

Gemstar30

TOBRUK wrote: »

I found that I did repeat the same thing (problem) many times (if appropriate) and on more than one page. It depended on the question, I think you really have to spell it out to them.

Things (difficulties/problems) that are the 'norm' for your everyday life need to be written down and explained - remember, they don't know or understand what your difficulties are unless you tell them.

As others have said, take your time with the form. I spent over a week filling it out, a little at a time (firstly on rough paper) and would go back and read it, make adjustments etc before writing it on the form.

Hello,
That may be the reason: he put down on both forms what he thought he needed help for, not what he actually needed.
Yes you are right in saying that everybody does tend to cope and sees that as normal.

Never mind, as he says, 'there are many out there in a worse position than me'. Bless him.

Thank you

Gemma
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