DLA Tribunal won! (YAY!) BUT - Another claim running which can't be cancelled. HELP!

notsoyummysinglemummy

Hi, I won my tribunal last week for a claim I submitted last year. LRM HRC which I'm over the moon about.

However I submitted another claim while the appeal was running and that's apparently progressed far enough for them to write to my Doctor. Part of the reason the first claim went to the tribunal in the first place was because the doctor didn't actually know me at all, so put contradictory stuff in his report. The DLA advisor told me that the new claim can't be cancelled or withdrawn, so the decision made last week will only run until the new claim is either approved or denied.

I'm worried it will be denied and the last year of stress will all be for nothing and I'll have to go back to an appeal a second time. I've been on cloud 9 all weekend thinking this whole nightmare was over as the decision the tribunal made was for 3 years. Is there anything I can do? I'm crushed that the new claim can't be withdrawn. When I asked about making a new one the DLA advisor said I'd be able to cancel it if my appeal was successful.

rogerblack

This is unfortunately the case.
However.

I would suggest the following.
First, write (recorded) to the DWP, and confirm in a phonecall - that your doctor does not know of your condition, and that the tribunal found this, and that you're sending a copy of the Statement of Reasons.

Get a 'statement of reasons' for your tribunal - you can get this if you write to them at the address on the decision.
This will tell you why they made their decision.

In principle, the person advising you that you could withdraw it might cause compensation to be payable - but this would be at best difficult, and would only be likely after you win an appeal against the DLA denial, and only typically for costs directly arising from the delay.

Consider going to the doctor, and bringing them up to speed with your condition.

notsoyummysinglemummy

Thank you!

I have just realised that they needed a copy of my consent form to contact my doctor for the second claim - apparently I ticked both boxes! I've just found this, I thought I'd sent it off last week. According to the advisor I spoke to this morning, they'd already contacted my doctor. Surely they're not allowed to do that?

Do you know what would happen if I don't return the consent form? Will the claim be automatically denied or will they cancel it and leave the first one running?

rogerblack

As I understand it, you can make an official complaint about the lack of the consent form - but this does not mean that they can't now use any response to the letter in the claim.

notsoyummysinglemummy

Hi Roger, just wanted to say thank you for your advice. I ran around like a mad person following your advice and I also wrote to the DLA recorded delivery, saying that I was withdrawing my application. Low and behold the claim has been withdrawn, according to the guy I spoke to today.