More than one DLA appeal

Hi all

Wondering if anyone can offer any advice/guidance on the following;

I have a client who came to see me about a DLA appeal. By the time I first saw him matters had been ongoing for a while and he hadnt been receiving any specialist advice, so I’ve come to this a bit late in the day.

Client was diagnosed with malignant melanoma in 2006 and applied for DLA under special rules. He was awarded HRC and also HRM till early 2009. During this time clients cancer responded to treatment but he developed a number of other serious conditions including serious bowel problems, and continued to require help with personal care and mobility.

Client was sent renewal forms in 2009 and reports his wife contacted the DWP for advice on how to complete them. Client reports wife was told “not to worry” and just to send a copy of the original special rules form back to the DWP. As a result clients left the renewal forms pretty much blank and as a result (and perhaps understandably) clients HRC/HRM removed completely.

What happened next is a bit foggy, as clients contacted the DWP and their MP although they don’t appear to have ever made a formal appeal against this decision, but at the beginning of 2010 client was awarded LRC, backdated to 2009, to run until 2011. Clients still unhappy with this and this time they appear to have been advised to submit a GL24 and they initially came to see me as they wanted assistance with the appeal on this decision, which has still not been heard.

Now I advised client there was not a great deal I could do as in all honesty there is really no information in the renewal forms that a tribunal, or the DWP for that matter, could base an award on. I have advised client that it is their right to carry on with the appeal but I really don’t see what the TS could do, particularly as a GP report was requested at renewal and its not at all helpful. Client and I have since completed supersession forms and as a result clients award was increased from LRC to MRC, but there is still no mobility component awarded. So client has now appealed this decision and to be honest I think he has a much better chance/case as we completed the forms together and there is plenty of supporting evidence in the forms.

So, to get to the point! Clients wife has just called me as she has telephoned the DWP to find out what is happening with this 2nd appeal. Client reports she has been told that the DWP are not looking at the 2nd appeal until the first appeal has been resolved. Now I haven’t checked this myself, but it has forced me to address this issue of the first appeal, which I’ve been mulling over. Client and his wife are furious with the advice they state they received from DWP, which meant they did not complete the renewal forms and appears to have contributed to the loss of their award. Clients very much want to go along to TAS and vent their anger although I have repeatedly explained to them that even if TAS are sympathetic, there simply is not in my opinion any evidence they can use to make a DLA award. I fear the whole thing would be a bit of a car crash really, with client raging at the appeal panel over something they can’t do anything about (and I have already advised clients I do not feel I can rep them in this case as I do not feel I can make a case).

I have repeatedly advised client that the best way to proceed with this would be to make a formal complaint to the DWP, although this all now happened a long time ago. In the meantime, if this first appeal was withdrawn, we could focus on the more recent appeal where I feel we have a strong case and plenty of evidence. However, to date client is adamant he wants his first appeal heard and whilst it’s my job to advise on all the options I don’t feel I can tell the client what he should do as this is his benefit.

I guess I am looking for any thoughts/advice on my preferred option and whether anyone thinks the first appeal is going to do more harm than good to clients claim going forward. I need to check myself with the DWP what is happening with the second appeal, but in my experience separate appeals normally follow the standard process and I wasn’t aware one could be frozen until an earlier appeal is heard although I’m aware they could be heard together? Again if anyone has any thoughts on this or experience of this then your input would be gratefully received.

And thanks for reading this far!

Sarah

You could ask TTS to issue a direction to the DWP to process both appeals asap and get them down to TTS.  Then, as you rightly indicated, they will be listed together.  Second, get your client to go back to his GP and look at his records and pull off any documents concerned with the period around the time of the decision on the first appeal, particularly any letters from his consultant.  If there is no useful evidence then there is nothing you can do about that.

Now, there might not be much that is useful.  Or there may.  The point is that that is probably the best you can do for your client under the circumstances.  At the hearing, with or without any helpful evidence, the tribunal will take oral evidence for the entire period covering both decisions.  Your client might or might not remember in sufficient detail how far he could walk in 2009, or what care he needed.  Who knows?  You might want to go through it with him over several sessions and get it all down in writing and then submit that. 

If you do this then it is important that you get your client (if you can) not to rant and rail at the tribunal as this could lose him its goodwill.  The second problem might be that the tribunal could decide that if he doesn’t merit an award for the earlier period then he wouldn’t merit an award for the later one unless you can evidence a change of circumstances.  However, the tribunal might decide that just because there is no corroborative evidence for the earlier period then that is no reason not to make an award.  If the tribunal is minded to make an award for the second period and he comes across as credible and truthful then it might just decide to accept his word for the first period if it is consistent with all the known facts and available evidence.

It is a tricky one and it is impossible to say what I would do until I had actually spoken to the client and judged for myself his credibility and how he is likely to present at tribunal.  You have to start from there really.

I agree with all of the above. Definately obtain all GP records for the periods that cover both appeals, this would show any improvement and worsening of the disabilities.

Hii guys, 

Thanks for the replies. Nevip, your thoughts have really helped and I’m going to go back to the client now and investigate a bit more into his condition around the time the award was removed, before contacting TTS. Whilst I completely understand my clients anger and frustration at the situation I do have a horrible feeling he could end up mis-directing this towards TAS (expletives included) and not doing himself any favours at all, so this is something else we also need to discuss again!

Thanks again
Sarah