In need of a better brain than mine! Assisted a client to complete a DLA claim, refused and appeal requested. Submitted a second claim which I have been checking on by phoning DBC and client. I was told a number of times the decision was pending. Phoned again yesterday to be told that 2nd claim was decided 11/11/04. DBC proceeded to tell me that tribunal would hear both claims together (appeal date 13/3/05). Queried this as I thought that if the second claim was not appealed against that the tribunal would only consider the period from the first claim to the second and that you needed to request that both claims be heard together? Appreciate any advice on next course of action. Thinking of requesting late appeal on 2nd claim. Client states she has not received a decision letter

If the client hasnt appealed against the second decision (even a late appeal request) then the Tribunal cannot consider it, they can only consider the first claim which has been appealed.

You are quite right a request has to be made to hear both appeals at the same time, but the DBU can request this.

Thanks Margie thought that was the situation, but thought I had better check out as the powers that be at the DBC where giving me information to the contrary

There appears to be changes to the TAS1 and this now asks if you have any other outstanding appeals and if you want them to be heard together.

Wow we must be behind the times. I completed a TAS1 yesterday and that question wasn't on it, Derek. Notwithstanding that, an actual GL24 or appeal letter has to be lodged by the client before it can be an "appeal"

on the new TAS1 HB it asks -

'Section 2 -

Do you already have an appeal against another decision which is being dealt with by the Appeals Service?

Please write the name of the Appeals Service office which is dealing with it, and the appeal reference number they have given you.'

I have been told over the phone by DBU and TAS that appeals were being heard together only to discover later that this is not the case. I would want to hear something very concrete before I believed it again!

If no decision communicated then it's not a late appeal, is it?