I have a client that I have been helping out with an appeal from nov 04. For one reason and another the clients appeal has been postponed up to 3 times. At the 1st hearing of the appeal we only wanted the panel to look at the clients mob issues as he already had a continuing award of LRC for the cooking test. This ran out on 09/06/05, the client sent in renewal forms and LRC was lost. My problem is now can I request the appeal to look at the care or the fact that the care has been disallowed after the date of decsion does this now have to be appealed as a sepreate issue.

If I can request the panel to consider LRC again is there are leg or CD's that I can rely on to back up my case. The clients appeal is to be heard in a few days time and I am unsure of how to apporach the issue.

Is the first appeal still outstanding? Either way you need to request a separate appeal against the decision to withdraw lrc, though if the last award ran out on 9.6.05 when was the decision made? are you still in time?

If the first appeal is outstanding then it is good practice for this to be heard together with any second appeal regarding the same benefit. The risk here of course is that the DBU must have removed the lrc for a reason (may or may not have been a good reason), so a tribunal would be likely to look at the award of lrc in the first appeal, so it would be a good idea to get good supporting evidence to back an award of lrc.