DLA appeal and additional claim forms….......

Any thoughts on this one…..

We have received a late referral and appeal hearing is on Monday…...on initial review we have two DLA claim forms in the submission from DWP - the first claim form received in March is dated from 13/03/12, the second claim form received in April is double-dated from 09/03/2012 to 20/04/2012 but this form has been treated as additional evidence not as a new claim in it’s own right so the refusal to award DLA is noted from 13/03/2012.

Client is very poorly with multiple health issues but GPFR not helpful which the DM appears to have relied on despite their being consultants and recent hospital stays noted on the forms. We intend to seek further medical evidence and ask the Tribunal to adjourn to enable an EMP visit but are bemused by the treatment of the second claim form as only further evidence’ and not a separate claim in it’s own right?

Am I just nit-picking here? It is Friday….........all answers appreciated as always :)

I have a similar case ongoing at the moment. Client’s award came up for renewal. Following renewal form being recieved DCS made decision (April 11) to revoke award entirely from renewal date (July 11). Client appealed but some weeks later (May 11) made further (on-line) claim, which as with your client has been included in the bundle as additional evidence. My client’s case is further complicated by the fact that she inadvertently requested paper hearing which was unsuccessful (we’ve submitted set-aside/SOR request). She has since (Feb 12) made further claim (which was successful- she has ongoing indefinite award at the same rate as prior to the July 11 renewal decision).

I’ve currently ‘parked’ the May 11 claim issue pending response from TS. If decision is set-aside I shall probably let it go but if not I intend to both include the issue in my request for leave to appeal to UT and in tandem take it up with DCS (on the basis that claim remains outstanding).

If the claim dated 13th March was not decided by the time the second claim form came in, the two forms would form part of the evidence for a single claim as a whole. The first claim form would establish the date of claim.

The DM has to consider the whole period from the date of claim down to the date that the claim is decided

Thanks for all input…........appeal won at Tribunal, MRC and HRM awarded - client happy :)