DLA appeal or new claim

My client was refused DLA last year when his claim was renewed (low rare care and middle mobility - he thinks he may have lost the award as he stopped having severe pain when he walked as he now has severe numbness in his legs instead.) The DLA are saying he is still in time to appeal last year’s refusal subject to reasons for the late appeal. They also say he can put in a new claim now for DLA incase the appeal if refused. He will be 65 years very soon, so cannot wait for the appeal decision, as will then be too old for a new claim for DLA. Is the appeal quite separate from the new claim and will he need to provide two different sets of information, doctor’s letters etc.?

Thank you for your reply. Could you clarify one point - if the appeal is made at the same time as the new claim, should the appeal be completely separate to the new claim? Does this mean two sets of evidence, doctors letter etc., or can the the evidence on the new claim form be used for the late appeal. The person’s health is much the same as when the claim was refused.

What will happen, is that unless a change of circumstances is alleged on the new claim, any evidence used on the previous claim is likely to be used on the new claim although because the previous claim was last year a prudent decision maker would seek fresh evidence for the avoidance of doubt.

If the new claim is refused and appealed then the two appeals are likely to be heard together.  The evidence will (or should be) carefully sifted by the tribunal as the first appeal cannot take account of circumstances arising since the date of the decision on that claim.  The second appeal, of course, can consider evidence up to the date of the decision on the second claim.  Evidence obtained now can be used for the appeal on the previous claim provided it relates to that period.  You will probably need to raise this specifically in your letter to the G.P/consultant.  And just because evidence is from 2009 it does not mean that it has no probative value for the second claim/appeal.  That is for the decision maker or tribunal to decide in the context of all the available evidence and known facts.

I totally agree with ‘nevip’. The new claim should be put in immediately and will be looked at as a totally new claim. The old claim should have no bearing on the decision. The only possible negative effect on the first appeal is that if it is won the tribunal can only award up to the date the new claim started (possibly preventing a longer award.) I feel the risk of this is outweighed by the urgency of getting the new claim in before the claimant is 65.