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DLA northern Ireland

deebronny
deebronny Member Posts: 31 Connected
edited June 2020 in PIP, DLA, and AA
Hi all I'm hoping someone can clear this up for me, I am waiting for a tribunal hearing for my sons DLA that was rejected june 2019 but I've been told that even though I'm awaiting tribunal I can still reapply with a new application for the same condition using the same evidence ? I was always told that this isnt possible and that I couldnt reapply with the same condition for at least a year. This is all so confusing 

Comments

  • jcalderwood
    jcalderwood Member Posts: 13 Connected
    edited June 2020
    I applied for pip back in August 2019 and got 0 points on everything (going though appeal at the moment). Placed a new claim February 2020 for the same condition now waiting for a decision on the new claim.  

    Got the medical report from DFC and marked down for 16 points DL and 12 points Mobility on that report. 

    Didn’t have any problems or questions about placing the second application in. I would contact the fresh claim line and see what they say. 

    It was a fresh PIP claim and wasn’t a transfer from DLA to PIP
  • chiarieds
    chiarieds Member, Community Co-Production Group Posts: 12,478 Disability Gamechanger
    IHi @deebronny - I'm unsure if things may be different in  N.I., so will ask Admin to look at this tomorrow. @Adrian_Scope or @Chloe_Scope please would you advise here, thank you.
    Here in England, the usual advice would seem to be to continue with your son's DLA tribunal. Whilst you can re-apply, giving the same evidence for the same condition would likely lead to the same conclusion, & another tribunal. Hopefully one of the Scope team will better advise tomorrow.
  • deebronny
    deebronny Member Posts: 31 Connected
    Thank you both for replying, the only reason I'm considering the 2nd application is because the 1st had very limited detail on it as I got 'help' to fill it in and the evidence was sent in late so I'm thinking were getting turned down at tribunal any way and I've just found out the tribunal may not acknowledge most of the evidence as its dated after the first refusal 
  • Adrian_Scope
    Adrian_Scope Posts: 8,576 Scope online community team
    Hi @deebronny. Re-applying with no change of circumstances and with the same evidence isn't advised and is likely to have the same result. As @chiarieds mentioned, the advice is usually to continue with the appeal rather than reapply. One of the main reasons for this is because if, for example, your appeal is successful and they award you at tribunal and the new award fails or results in a lower award, the tribunal decision will only run until the date you made a new claim, and they you'd have to appeal the new decision too.
    If you do decide to reapply, I'd recommended taking some advice from a representative first.

    Have you had much help with the appeal and have you been given a date yet? 
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  • deebronny
    deebronny Member Posts: 31 Connected
    It was due to be held on the 3rd of april but due to covid it was cancelled and I'm waiting for a date for a phone call. I looked over the forms from the original application and now I can see why it was refused as there was literally no detail and no professionals to contact and no evidence originally sent off (I got "help" from a benefits advisor to fill it out) but after doing my research I realised the whole thing was done wrong and I've spent the last 6 weeks writing down everything I do for my child and how his care needs are substantially more than the average child his age. I was all set to send them off a d then was told I couldnt for at least a year 
  • katho31
    katho31 Posts: 692 Connected
    oh i am so sorry about this. hopefully someone will post you online very soon, best wishes  :)
  • Adrian_Scope
    Adrian_Scope Posts: 8,576 Scope online community team
    hi @deebronny. There's nothing stopping you writing it all down as anecdotal evidence and sending it to the tribunal service to support your appeal. Did you submit much additional information or any additional evidence with the appeal or MR?
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  • deebronny
    deebronny Member Posts: 31 Connected
    Not really no, I didnt have much to send and anything I did send was dated after the decision to decline, he was declined on the 11/9/19 but didnt have his first paediatrics appointment until the 12/9/2019 so timing was also a big issue 
  • chiarieds
    chiarieds Member, Community Co-Production Group Posts: 12,478 Disability Gamechanger
    Hi @deebronny - It really does seem like the best idea would be to send the info you've written, as Adrian recommends. Showing your child has substantially more care needs than one without his problems is what DLA is all about. I'm sorry that you were misinformed saying you couldn't do this for a year. Also that you were poorly 'advised' by a benefits advisor. Please keep in touch, & let us all know how you get on, thank you. :)
  • deebronny
    deebronny Member Posts: 31 Connected
    Thank you so much, I'll let you know the outcome, hopefully it's not too long of a wait and itll be good news  :)

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