Can you start a new claim while your appealing?

Ziggazee

You cannot put in a "new" claim whilst you already have an award of DLA. You can only put in a new claim if the benefit has actually been disallowed (and that is what you are appealing against).

You can however (as previously stated) put in a review. Should you send in a "new" claim pack this will be dealt with as a review (a supersession).

[Deleted User]

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.

then photocopy it for future reference and send it registered post

TOBRUK

Yes exactly woodbine, thanks ... I forgot to say that, and it's surprising from reading some threads how many don't!

southantrim3

Gemstar30 wrote: »

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
x

Sorry, just checked my posting - slighlty wrong. Another supersession could be applied for whilst the appeal is ongoing - my apologies.

Gemstar30

southantrim3 wrote: »

Sorry, just checked my posting - slighlty wrong. Another supersession could be applied for whilst the appeal is ongoing - my apologies.

Hello,

Thank you for that note.

I think I know what you mean, but that was not possible. His 65th birthday was on the 25th November 2009, he sent the DLA application off just 2 weeks before that. When he received his refusal letter he had already turned 65 so he couldn't make another application.

He kept promising that he would apply - that was when he was 62, but never got round to it until he was nearly 65.
Thank you

Gemma
x

southantrim3

Sorry - I was refering to Mandyboobs situation - With regard to your situation Gemma you are correct, because he was over 65 when he received his refusal, then you are right. He would have had to apply for AA. He still could have continued with his DLA appeal if he requested an appeal in time but because of his age then he couldn't have requested a new DLA application, just an AA one.

mandyboops1973

To cut a long story short my friend was previosly awarded high rate care and high rate mobility, come renewel time she had it reduced to low rate care only.

she is currently appealing to get a higher award.

so in the mean time she can now fill in a new claim pack and this will be treated as a review? do you have to state on the claim pack you want a review or will it be automatic?

iv read a few people wating up to 12months for an appeal so it makes sense to try and get it reviewd in the mean time

edit also is it ok to download and print the claim forms off or do you need to get a propper copy sent to you?>

southantrim3

Yes, she can send in another form. Instead of re-applying, she would be asking for a supersession (change of circumstances) as she is already receiving the low rate of the care component so there is already a claim in place. If she rings up and asks for a DLA434 then the case can be reviewed again by DLA while the appeal is ongoing.

Hope this helps.:D

mandyboops1973

Thank you very much

One other thing, how will the out come of the appeal effect the outcome of the review?

For example if at the review they changed her award from low rate care to high rate care but at the appeal the award was changed from low rate care to middle rate care what would happen then?

I assume the appeal will be against the dession made before the review ie her mobility and care needs at the time the original forms where submited and not for the period after the review when her needs technicly changed?

Her needs havent changed as such but we did miss out some vital information from the original form which will be added for the review.

southantrim3

If she is happy with the award of the supersession (change of circumstances) then she could always write and request that the appeal be withdrawen. If not, then just let the appeal continue.