DLA award confusion??

ohdearohdear

hi im after some advice in April 2011 i applied for DLA i was turned down i then appealed and a date was set for October 25 2012 but before it went to appeal my condition worsened and i submitted a new claim on 1st October 2012. At the appeal i was awarded low rate care for an indefinate period and i was told by the appeal panel that they could see i was worse and had more care needs now than what i did have then but they had to go on the original form i first filled in (April 2011) and go on what my care needs were then.

Finally after several weeks of waiting i get a decision about the claim i submitted on 1st October and they awarded me high rate mobility from 1/10/2012 until 30/09/2015 but it also states that i was not awarded and level of care and from 1/10/2012 i was not entitled to and level of care, this has really confused me as i was only awarded the low rate care on the 25 th of october but they are saying im now not entitled to it??

Surely the decision for low rate care made on 25th october should over ride the decision that im not as the appeal was on the 25th and the claim was on the 1st????

battyboimatt

Hello,

No the appeal will not override the decision of the most recent application, your appeal will cover April 2011 until when you submitted your new claim on 01/11/12.

You will have to appeal the latest decision if you disagree with it.

rogerblack

To explain the thinking behind the dates.
The basic idea is that a tribunal sits in the original decision-makers seat.
They can make any decision that he could have made, as if he chose to make a different decision at that time, on the facts that could have been available to him at that time.

So, though the tribunal sat recently - they were really only considering the facts at the time of the original decision.
If they choose to - and they did - they can re-make that original decision as if it had gone the other way.
However, they cannot take into account later facts - such as your later worsened condition.

You need to consider appealing the most recent decision on your DLA - this might for example include the tribunal decision as additional evidence for them to consider.
It would be useful to apply to the tribunal for a statement of reasons on the decision on DLA - though this may not be possible at this late date.