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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA appeal query

dbcwru
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Darlington Welfare Rights, Darlington Borough Council

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Total Posts: 114

Joined: 22 June 2010

I am dealing with a now very complicated DLA appeal , which is now 2 appeals.
Client appealed a DLA decision made 27/01/09 on claim from 03/10/08. Appeal Tribunal 25/06/10 and HRM only awarded from 03/10/08 to 02/01/10.

Statement of reasons requested and new claim for DLA put in on 25/06/10 ( claim disallowed)

Appeal decision 25/06/10 was set aside by district judge.

Both appeals are due to be heard in June 2011.

DCS have made a supplementary submission to say that any award on the first case should be restricted to 24/06/10 due to Section 17 of the SS act 1998.

I don’t understand this as with any other benefit appeal the preceding appeal decision always takes precidence over any claims made whilst appealing.

Also if this is the case can the claim from 25/06/10 merely be treated as a renewal claim if DLA is awarded to 24/06/10, which it certainly should. (this is a bizarre case which should have gone through without problem, but initially got snagged up with an ESA decision that was successfully appealed and revised before hearing)

Any advice help please?!

Victor
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Welfare Rights Officer, Stockport Council

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Joined: 17 June 2010

I think that DLA are correct. 

However, assuming your client did actually appeal against the second decision and both appeals are due to be heard at the same time I can’t see what difference it makes in practice. 

There would be a problem if the client had not also appealed against the second decison.

dbcwru
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Darlington Welfare Rights, Darlington Borough Council

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Total Posts: 114

Joined: 22 June 2010

Thankyou.