What happens if I make a new claim?

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lew247

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What happens if I make a new claim?

  • on: 24 Mar 2013 08:00PM
Yesterday I got a nice letter saying I have now been put in the support group and my case will not go to appeal which I am happy about, I was in the work related group ESA

I had my DLA appeal decision about a month ago and they turned down the appeal for the higher amounts.

IF I make a new DLA appeal now, will I carry on getting paid while they consider it, or will they stop the payment totally till they have decided what I'm entitled to?

Lewis

Monic1511

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Re: What happens if I make a new claim?

  • on: 24 Mar 2013 08:18PM
Hi Lewis

Being in the support group doesn't get you an award of DLA

When you say "I had my DLA appeal decision about a month ago and they turned down the appeal for the higher amounts" Do you mean the tribunal made a decision not to increase your DLA or do you mean you sent in a supersession form and got the same award back.

If the tribunal made a decision to keep you on the current award then the only way of challenging this is to request a statement of reasons within 28 days of the tribunal.  Once you have the statement of reasons you need to find an error in law before you can take your case to a commissioner.  If you find an error in law and the commissioner agrees then the commissioner will direct your appeal to be heard again by a different tribunal.

If its the second senario of a decision maker saying your original award was correct then you have the usual one month to submit an appeal.

As for payment of DLA, this is paid for the length of an award so if your current award has ended or never even begun then DWP will not pay it.  If you are currently getting an award and its not due to end anytime soon and you submit an appeal the DWP will continue to pay your current entitlement.

So it really depends on what if any award of DLA you get right now but support group doesn't normally get an upgrade in the claimants DLA award.

hope that helps
Monic

lew247

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Re: What happens if I make a new claim?

  • on: 25 Mar 2013 12:00PM
Sorry I should have explained better but the stuid brain injury makes me forget things and they get put in the wrong order.

A cuple of years ago I applied for and got DLA care and mobility at the lower rate
I appealed these but the appeals finished and it stayed the same.
The final stage of the appeal was about 2 months ago.

If I make a new claim for DLA will I carry on getting paid until the new claim is decided or will they stop payment until the new claim is decided?
How long after the appeal process was finished before I can make a new claim?

Ignore the esa bit it's irrelavant to the dla claim.

Sunshine Meadows

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Re: What happens if I make a new claim?

  • on: 25 Mar 2013 05:04PM
Lew247,

Monic and Kizzy know more about this kind of thing than I do but,

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How long after the appeal process was finished before I can make a new claim?

It is my understanding that there has to be a change in your condition or the way it impacts your life for you to be able to put in a new claim or they just look at the old claim and usually come out with the same outcome. That said I think the actual time limit is at least three months.

In your recent appeal did you keep the DWP up to date with any changes there might have been since your original claim, if not then and things have changed it could be worth putting a new claim.

Also were you given DLA lower rate care and mobility component indefinitely or was there a renewal date?


KizzyKazaer

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Re: What happens if I make a new claim?

  • on: 25 Mar 2013 05:14PM
Hi Lew - SunshineMeadows is right, this is some information that Monic provided back along:

Yes, you can reclaim as soon as you lose the tribunal, but what you need to remember is that the DWP will probably refer to the medical evidence used at tribunal even if it is more than 6 months old.  This is because tribunals often tell claimants that on the decision date they met the criteria but after that date they did meet a higher criteria.  If that's recorded in the minutes of the tribunal, then you then have to meet the qualifying period.

You need to have had the health problems for 3 months back and expect them to last for another 6 - so, say your decision date is January and you get worse in March, then if the tribunal is in June you have only just met the 3 months back test; you then need to meet the forwards test, and with fluctuating conditions this can be hard. 

That tends to be why I suggest waiting - it's up to the person, but DWP seem to go back 3 months and unless you can show significant deterioration they will often refuse the claim without even asking for more info.


Monic1511

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Re: What happens if I make a new claim?

  • on: 25 Mar 2013 07:11PM
Hi Lew

Okay I know whats happened now but you would not be making a new claim, you would be asking them to reconsider your award based on a detioration(supersession form) and as kizzy quoted you would need to meet the backwards and forwards tests.  So if it 2 months since the tribunal it will be another 4 month minimum before you have even a remote chance at a higher award.

Also with the introduction of PIP anyone who reports a change in circumstances between April and October (I need to check these dates)  will be reassesssed under the PIP criteria.   If you have a welfare rights officer nearby I'd discuss it with them first as you may be unlucky and end up with a nil award if you rush things

your claim could stop if you submit a supersession and the DWP deceided you no longer meet the criteria for low rate care or mob.  I have seen this happen when people on your award wanted middle rate care and ended up with nowt.  Be very careful before you try again

Monic

lew247

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Re: What happens if I make a new claim?

  • on: 27 Mar 2013 07:45AM
Thanks, I['ll leave it as it is.
Probably easier

One Girl and her Big Dog

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Re: What happens if I make a new claim?

  • on: 10 Apr 2013 09:34PM


Also with the introduction of PIP anyone who reports a change in circumstances between April and October (I need to check these dates)  will be reassesssed under the PIP criteria. 
Monic

Any request for reconsideratio of DLA before October is meant to be treated as it always has been, changes after October will trigger PIP.
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http://www.dwp.gov.uk/policy/disability/personal-independence-payment/#wcm:       How is PIP being introduced
New claims

Personal Independence Payment is being introduced in stages over a number of years.

    April 2013 – Personal Independence Payment has started for new claims in Merseyside, North West England, Cumbria, Cheshire and North East England. During this period new claimants in all other parts of the country will continue to claim Disability Living Allowance as now.
    June 2013 – new claims for Personal Independence Payment will be taken from all parts of the country.

Existing DLA claimants

Existing Disability Living Allowance claimants who are aged 16 to 64 on 8 April 2013 or reach age 16 after that date will be affected by the introduction of Personal Independence Payment, even if they have an indefinite or lifetime award of DLA.

    October 2013 – if an individual reports a change in how a health condition or disability affects them, they reach the end of an existing award of DLA (and haven’t already received a DLA renewal letter), or they are approaching the age of 16, then we will invite them to claim Personal Independence Payment.
    From 2015 – we will start to contact everyone else receiving DLA (unless they report a change in how their health condition or disability affects them, or if their award is due to end). We will write to individuals in plenty of time and they do not need to contact DWP now.

There is no automatic transfer from Disability Living Allowance to Personal Independence Payment.

We have written to all existing DLA claimants in February and March 2013 with more information about PIP in their usual annual letters that tell them what their new benefit rate will be.

I only knew because i'd asked the same question a few weeks ago, and been given this answer.  1G