Statement of reasons - Effect on future claims?

Client has just been unsuccessful in DLA appeal. Thinking of applying again.

I suspect that both original application and appeal failed because the client overstated her case and was regarded as an “unreliable witness”. I believe that if this, or something similar, were mentioned in a statement of reasons, my client may be persuaded to be more careful in the next claim. She may then get an award. 

My concern is this: If I request a written statement of reasons, might this be available to the Decision Maker who processes her new claim?  If so, I imagine it could have an impact on any decision. Or is the written statement just between the Tribunal chair and us?

No written statement of reasons exists yet (because we haven’t requested one). If we don’t request one, all a new Decision Maker will know is that the appeal on her old claim was unsuccessful - nothing about why. Have I got it right?

Could I take this opportunity to thank everyone on this forum for all the help that they give?

Statement of reasons when requested must be issued to all parties.  One in the DWP’s hands would not necessarily prejudice a new claim.  It all depends on the circumstances.  For instance, the claimant might be able to produce stronger supporting evidence with the new claim than he did for the appeal and there might even have been a change of circumstances.  Or, sometimes the previous file and the new claim are not matched up and the second DM is not aware of the SOR. 

Issues of credibility are not necessarily fatal.  I once did a DLA entitlement appeal following withdrawal on supersession after my client had been sent to prison for Income Support fraud and intellectual property fraud (flogging pirate DVD’s on a Sunday market).  At the hearing my client voluntarily put his honesty into evidence.  The Chair (as then was) made it quite clear that his prison conviction was not an issue for them.  Result: appeal allowed on the medical evidence and the facts.

Thanks, very helpful. I need to discuss this with my client. In their case I suspect that a statement of reasons could be unhelpful!!! I’ll make sure they know the risks.

If anyone else has any input before I go forward, it would be much appreciated.