DLA Tribunal Decision confusing

kazz3105_2

Quick question, if someone 'wins' a DLA appeal when does the tribunal take it too?
DLA appeal was 'half' won i.e. was awarded LR mob to go with LR care but the care was not changed, not because i dont need it, its because they where only interested in 2010 when i first put the claim in. The tribunal stated that although they can see that i need the extra help now, i didnt back in 2010. So following their advice i telephoned DLA and they said that i cant appeal against an appeal!! its not appealing after the fact its my care needs now. They also said that until they hear from the tribunal they cannot send me the form to claim for further hel. Does anyone have any tips at all, WHEN/IF i get the form i intend to send in my Dr report along with my letter from my neurologist, I am hoping to get help from CAB or welfare rights but you have to wait over 6 months for an appointment with either here.

kazz3105_2

Had appeal on Jan 9th not expecting to hear from them until at least another 2 weeks.

nannytone_2

the tribunal decision was correct!
they can only make a decision based on the claim you were appealing against ... the one in 2010. Any deterioration in your condition AFTER this point cannot be taken into consideration.
telephone DLA and request new forms due to a change in your condition and reapply.

AsknAnswer2

You don't need to re-apply. You need to ask for supersession (not a review, not a reconsideration and not an appeal - these need to be requested within one month of the decision) based on the change in your condition. You cannot have backdating with a supersession if you apply for it; only if the DM initiates it.

See here

creditcardhelp11

You need write to the Tribunal Service and ask for a written statement of reasons (WSR). Then take the WSR to the CAB or Welfare Rights and ask a welfare rights advisor to take a look see if there are any errors of law. You can only appeal to the upper tribunal for an error of law. If you think your needs have increased since the time of the claim (which you were appealing for) you can put a new claim in this is called a supersession. However, you could lose your current award or have it reduced. One month to appeal. Tel the DLA centre and ask for supersession forms to be sent if you wish to go ahead.

creditcardhelp11

The OP will not have to wait 6 months for an appointment at CAB or WR. As the OP does not seem clear/confused. I suggest a WSR to ensure that the decision was ok. Although the OP states that she has greater care needs now she still may have been entitled to M/HRC at the material time. That is the whole point of the WSR to see how they came to the deicison.

kazz3105_2

Thanks for all of your advice, will ring unit tomorrow. In connection with CAB/WR the offices here are only open 2.5 days a week. I rang in July re adjourned appeal and was told i could not get an appointment until Feb this year, they are inundated with requests re appeals.

[Deleted User]

if theres one near you try DIAL

kazz3105_2

Got my son to type up a 2 page letter for me to send to DLA they sent me a form 'to look at claim again' or something like that, i hope to hear from them next week sometime. Thanks for advise.
P.S. Didn't get in touch with CAB and dont have Dial in my area but did find out who my local councillor is and after a phonecall to him i now have social services who arranged to install loads of telecare stuff in my property and things to carry around, it has given me a new lease of life i am a little more independant. Social Services have a bad name but for the help i have received from them is fantastic, they are also going to help me to move to a more suitable property closer to friends and relatives.