Condition has worsened but claim has gone to a tribunal.

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Condition has worsened but claim has gone to a tribunal.

Postby Grannypants » Wed Apr 24, 2013 9:33 am

Hi, I was awarded low rate care and asked for a reconsideration, they said I was still only entitled to low rate care so I appealed and it has now gone to a tribunal. The problem is, my condition has worsened and I don't know what I can do. Do I wait to go to the tribunal which will take about a year or can I contant the DWP and tell them my condition has worsened?
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Re: Condition has worsened but claim has gone to a tribunal.

Postby debbie0499 » Wed Apr 24, 2013 10:08 am

If your Fibro was worsened then you could contact the DWP.
Because its already gone to Tribunal, they may not decide to
re-consider a change of circumstance.
The tribunal will only take your circumstances into
account on the date,that you told them things had
Changed
if got worse again the Tribunal will only at the date u 1st
notifed,nothing after that.

i went to Triunal. Twice and applied 3 times before
I was awarded DLA.
hope the info helps. X
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Re: Condition has worsened but claim has gone to a tribunal.

Postby babajane32 » Wed Apr 24, 2013 10:17 am

Regardless of tribuneral you are require to notify dla of any changes , so let them know. As it has gone to appeal it may not make much difference,but then again it may ,and in theory if it is 3 months from you application it should make a difference. You should have needed extra help for at least three months before it becomes a factor in the rate of care,but it may enable them to make a reconsideration,change of circumstances etc from that point,this also wouldn't affect a tribuneral from the start of claim up until the change of needs and again at the change of needs you again challenge the award. Cab might be helpful in you deciding what to do,but significant changes either good or bad need notifying and you are required to do so.
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Re: Condition has worsened but claim has gone to a tribunal.

Postby Grannypants » Wed Apr 24, 2013 10:48 am

Thanks for your replies. I rang the DWP and they have suggested I fill a new claim form in so they are sending it out.
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Re: Condition has worsened but claim has gone to a tribunal.

Postby Chickystir » Wed Apr 24, 2013 1:56 pm

I would ring them back ..... It's not a new claim at all it is ongoing. Be careful they are not trying to pull a fast one Hun. People's conditions can change (either getting better or worse) you should not have to fill in a new claim for that whether you are in appeal or not. The bit you are appealing is up to the date your condition worsened. I would ask again. Good luck xxxx
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Re: Condition has worsened but claim has gone to a tribunal.

Postby debbie0499 » Wed Apr 24, 2013 2:35 pm

Jut a thought,if they make you do a new claim
,am not saying that is the cas,but you may
end up on PIP,.if you live in the northwes of England,
.as Pip came in 1st April th4s year.
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Re: Condition has worsened but claim has gone to a tribunal.

Postby Grannypants » Fri Apr 26, 2013 10:23 am

I asked if I would have to go on PIP and I was told no because I am already getting LRC, maybe I didn't hear them right and it won't be a new claim but I do have to fill in the forms again. I will wait until the forms arrive and see what the paperwork says that come with it. I get really nervous and flustered when I'm talking on the phone so I just wanted the conversation over with. Thank you for your replies.
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Re: Condition has worsened but claim has gone to a tribunal.

Postby Grannypants » Fri Apr 26, 2013 7:09 pm

The brown envelope has arrived and there is a letter with it saying they are looking at my claim again because of a change in my condition.
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Re: Condition has worsened but claim has gone to a tribunal.

Postby boudle » Sun Apr 28, 2013 10:55 am

Hi, I have just been to tribunal and have been turned down...they seem to have gone on my Atos medical, which I must say was a joke....my doctor even wrote a note saying that they should consider me for DLA. I have had conflicking advice some say appeal, where others say put in a new claim as condition has changed since the appeal and going to tribunal but because they only go on the time when you first appealed to put in a new claim.....any advice much appreciated. :(
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