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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA Fresh claim following allowed appeal

TJL
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Derby advice - Derby Homes

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Client claimed   DLA,  then refused appealled,  while waiting for   hearing   reclaimed, refused, appeal allowed   up to date   of 2nd   claim, late appeal re 2nd   claim submitted, (after hearing ) fresh claim submitted with info at variance to other packs ( and evidence taken at   hearing )

Any ideas?  Long term persistent   health   conditions -  would   it be worth   trying to obtain a statement of reasons?

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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I’m probablly missing the point but…...what statement of reasons? For the first appeal? And Why?

TJL
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Derby advice - Derby Homes

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So   that   whwen   the   latest   claim is evaulated the   claim   is assessed from   information   provided   by a tribunals questioning - I feel this   was   more throrough and accurate than the   claim forms especially the last

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Oh i see now…yes why not. As long as the information pertains to the new claim and there’s been no change in clients circumstances i can’t see any reason not to treat the 1st Tribunal’s reasons as evidence in a subsequent appeal.

TJL
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Derby advice - Derby Homes

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Yes it   is a risk I certainly agree but I want to   proceed   on the basis that a future   tribunal, which the   matter will almost certainly end   up at, the record   of   proceedings will contain   information which is   of   greater credibility as   it was noted by a Judge rather than an advice worker.

Otherwise   I could   foresee the situation   of being at another LT thinking I wish   I had the judges statement of reasons in front   of me