I just do not know what to do? A Paper Hearing or re-apply DLA..!!

[bushell]

Hi, I wonder if anyone can give me advise, I am in a quandary as to what to do. I applied for DLA earlier this year, and I have had a tribual date set for early next month December.

Since all this waiting I have had more pain with another disability , I seeked advise from CAB , who said I had 3 options:

1) Cancel The Tribunal

2) Have a Paper Hearing without me being present OR

3) Apply for a New Application with the help of CAB

He pointed out to me that if I had a Paper hearing the judges would only go for what I have put on the DLA Form , and not for the more recent disability I have.

He also pointed out to me that if , and a Big " IF " I was awarded anything and I wanted to upgrade through my present disability then the award could be easily taken away from me completely!

Please any thoughts...!!

[Guest Old_andrew2018]

IMHO you should accept CAB support to complete a fresh application

[bushell]

Hi Old Andrew 2007,

Thank you for your reply , Yes thinking about it now , I will put in another claim and this time seek help from CAB with the form.

Please can you tell me what does IMHO mean? You don't have to ...if you don't want , but I am new here and I'm not sure on short abbreviations!

Thank you once again.

[Guest Old_andrew2018]

Hi this is a link to some Abbreviations, I keep it handy as I don't recognise/understand all of them

Glossary(abbreviations) - Consumer Wiki

 

Andy

[Zamzara]

The appeal only looks at the cirumstances as they were when the decision was made. If you win the appeal you will get arrears since the first claim but if you withdraw it and make a new claim you will lose them.

 

The way round this is to make a new claim based on the change of circumstances, and continue the appeal as well.

 

If the new claim is unsuccesful, you appeal that decision as well and both appeals should be heard together. The first appeal looks just at the arrears and the second looks at ongoing entitlement. It would be incredibly difficult for the second appeal to give a lower award, but it could result in a higher award, if the change in condition justifies it.

 

If your new applciation is succesful, the first appeal will go ahead for the period in dispute but the second appeal will be unnecessary and the new decision will take effect in future.

Edited November 30, 2009 by Zamzara

[bushell]

Hi Zamzara,

Thank you for the info , I have just recieved a letter of acknowledgement from the Tribunal Service today , with affect to me cancelling. I have one month to appeal from the date of withdrawal.

I have taken everthing on board from what you have said , so I will make a new application, and get every last detail and info together.

Much appreciated and I will keep you posted.

[Zamzara]

So are you going to see if you can continue that appeal rather than withdrawing it?

[bushell]

A decision has been made and that I will have a much stronger case if I make a new application and withdraw from the original.