DLA appeals!!

[sambo-79]

hi i am new to this site so please forgive me if i am posting on the wrong place.Here goes i applied for DLA June last year got turned down so i appealed went to tribunal and got awarded HRM and LRC (JUNE10 -JANUARY 11) while i was waiting for a tribunal date my solicitor advised me to go ahead with another dla claim so i did and i got awarded LRC so once again i am apealing against not being awarded any mobility component this claim is still in going just received a letter saying this case will not be heard before JANUARY 12! i have been trying to get my back pay from my first claim which i was awarded HRM and LRC this is proving difficult i have waited 4 weeks and received no paper work on my back pay or anything to do with the tribunal,So i rang dla and they told me i might not be able to get the back payment untill my other appeal has been heard PLEASE PLEASE does anybody know weather this is correct i am at my wits end i dont want to be sounding like a scrounger ringing them up all the time but i have been fighting this for over a year now i just need to know weather this is correct.Thank you for anybody that has took the time to read this and extra thank you if you can help.

[pam s]

Sorry to hear you are having so much trouble not sure whether you will have to wait for your next appeal i suggest you write to your MP with all the facts and see whether they will do anything.AN MPS enquiry does usually take priority and things get moving.

[sambo-79]

Thanks Pam S i have taken your advice i sent a email to my local M.P. I so pray it helps me,it all gets so complicated but fingers crossed xx

[sambo-79]

i rang my office that is dealing with my case and fingers crossed i should receive my back pay in 5 days i am so relived,now just need MP to get in contact with me and get this second appeal dealt with x

[sambo-79]

Hi all just recieved a letter from my M.P and he has written to the minister of disabled people explaining my concerns over my D.L.A tribunal so fingers are crossed shall keep you posted x

[pam s]

Well done,proof that things can get moving,it's just knowing how to do it.
Pam

[sambo-79]

Thanks Pam its nice to know there is support out there for us, keep you posted.x

[Stepheninleeds]

I have been saying this in a lot of Threads, & I only joined yesterday, lol. Get in touch with your local Citizens Advice Bureaus. They are the experts on benefits. They have staff who are qualified in all areas of what you are entitled to, how to claim, how to appeal, etc. Putting in a fresh claim stops any previous claims you have made & any awards you received. It is considered a fresh claim. If you have an award they will not stop it while a new claim is being assessed. Now that sounds like a contradiction, & it is, but that is how it works. I would NEVER advise anyone to put in a new claim while an appeal is in progress. It is always best to wait until the appeal has been completed, that way any money you are owed, if the appeal goes in your favour, you will receive. Once this happens you then put in a new claim.

What everyone needs to remember is that even if you win an appeal, or have have been awarded DLA in the past, a new claim can lower that award as it is treated as a new claim. You would think that if you got a certain award previously & your situation has not improved or has worsened, you would get the same or a higher rate of Mobility Component or Care Component, or both. Sadly, this is often not the case, & you end up appealing again. I would always advise someone to appeal if they feel the amount awarded does not reflect what they feel is the right amount for their situation. This should be done with someone who has experience in this area as appealing it a nightmare, & again, where the CAB comes in.

[sambo-79]

I have been saying this in a lot of Threads, & I only joined yesterday, lol. Get in touch with your local Citizens Advice Bureaus. They are the experts on benefits. They have staff who are qualified in all areas of what you are entitled to, how to claim, how to appeal, etc. Putting in a fresh claim stops any previous claims you have made & any awards you received. It is considered a fresh claim. If you have an award they will not stop it while a new claim is being assessed. Now that sounds like a contradiction, & it is, but that is how it works. I would NEVER advise anyone to put in a new claim while an appeal is in progress. It is always best to wait until the appeal has been completed, that way any money you are owed, if the appeal goes in your favour, you will receive. Once this happens you then put in a new claim.

What everyone needs to remember is that even if you win an appeal, or have have been awarded DLA in the past, a new claim can lower that award as it is treated as a new claim. You would think that if you got a certain award previously & your situation has not improved or has worsened, you would get the same or a higher rate of Mobility Component or Care Component, or both. Sadly, this is often not the case, & you end up appealing again. I would always advise someone to appeal if they feel the amount awarded does not reflect what they feel is the right amount for their situation. This should be done with someone who has experience in this area as appealing it a nightmare, & again, where the CAB comes in.

Hi,you are so right i would advise anyone to seek professional help when it comes to D.L.A.My trouble is i didn't put in a new claim form i tried to apply something for having careers cant remember exactly what it was put as i wasn't over a age criteria they automatically put me in for a new claim NO form came through to sign nothing!months later i kept getting forms to fill out about how my disability effected me etc.... so i filled them out,it wasn't until 3 months later i rang up asking why they keep sending me forms that's when they informed me of my new claim i was so shocked i didn't want to stick with it but my solicitor advised me it was the best thing to do!How wrong that turned out.They only awarded me LRC no mobility component so this is why i have got my local M.P evolved hopefully i will not have to attend another tribunal(everything crossed)but some how i can see that not happening the stress that this causes is awful the whole system is wrong you ring up and you get a different answer every time!!!,sorry for going on its just so frustrating it shouldn't be like this for us disabled people,all the best Samantha.

[davewhit]

I have been saying this in a lot of Threads, & I only joined yesterday, lol. Get in touch with your local Citizens Advice Bureaus. They are the experts on benefits. They have staff who are qualified in all areas of what you are entitled to, how to claim, how to appeal, etc. Putting in a fresh claim stops any previous claims you have made & any awards you received. It is considered a fresh claim. If you have an award they will not stop it while a new claim is being assessed. Now that sounds like a contradiction, & it is, but that is how it works. I would NEVER advise anyone to put in a new claim while an appeal is in progress. It is always best to wait until the appeal has been completed, that way any money you are owed, if the appeal goes in your favour, you will receive. Once this happens you then put in a new claim.

What everyone needs to remember is that even if you win an appeal, or have have been awarded DLA in the past, a new claim can lower that award as it is treated as a new claim. You would think that if you got a certain award previously & your situation has not improved or has worsened, you would get the same or a higher rate of Mobility Component or Care Component, or both. Sadly, this is often not the case, & you end up appealing again. I would always advise someone to appeal if they feel the amount awarded does not reflect what they feel is the right amount for their situation. This should be done with someone who has experience in this area as appealing it a nightmare, & again, where the CAB comes in.

can you tell me the regulation that says putting in a new claim stops the old claim for benefits ? all so yet again you talk of CAB they are all differnt some areas have good offices and others well do a decent search of all forums ones with longer history data base than this one for a start and see the differnt stories of how people have done with CAB seen post on B&W where someone said they might have been better off witthout CAB
you talk of qualification in benefits ? there is no gcse or city and guilds in it even the staff at DWP dont have one in it for sure