do i have to wait 3mths to re apply for dla

[annrotherham]

hi im told by my advisor i have to wait 3mths from the date i was turned down to re apply for dla even tho my condition has worsened is this the case

thanks ann

[stone-UK]

hi

i would have thought no, have you appealed,

ring the BLF helpline for further advice.

[Jo_BLFHelpline British Lung Foundation]

Hi Ann

Unfortunately you have to wait 6 months from when you first applied for DLA - you can apply sooner but the DLA will only be awarded from when the 6 month date is reached.

Please call us for further information.

Best Wishes

Jo

[annrotherham in reply to Jo_BLFHelpline]

Hi jo i first applied in may i did not get a desision until october i asked for recon be still refused i am goin to appeal. But since i put in my application i have had the o.t they are to adapt my home and im in a wheelchair out doors im very confused as to what i shud do. As the need for a stairlift shower etc was not on my application. My doc has wrote to them twice with a good report but they are ignoring this in favor of an atos doctor

[JohnThomas]

correct me if I am wrong, as I am not an "adviser" I believe both advisers have given you incorrect advice/information.

From my understanding of making DLA claim

any change in conditions or evidence of change to the original claim can be submitted at any time, there are no restrictions on fresh application claim cases , only if you intend to put the same evidence or circumstances, ie. the same application, which would be rather dumb thing to do, considering it has already been refused and/or under appeal.

Fresh claim tomorrow if you wish, with "fresh" evidence to support, not 3 month

or

"Unfortunately you have to wait 6 months,"

good luck

johnny

[NettyM75 in reply to JohnThomas]

How do you know this?

[fishtail]

I agree with Gordon,re-apply now.go for it.!!!

[Jo_BLFHelpline British Lung Foundation]

Hello Again

Although your needs have deteriorated you still have to meet the qualifying period, and apologies here but the original adviser you spoke to who advised you 3 months is correct.

The 'backwards' and 'forewards' test means you have had the problems for 3 months and expect to have them for another 6 months.

Ann, can you give us a call on the helpline? I understand your post to mean you applied for DLA, have been refused and since this decision (or while the decision was being made) your needs worsened, is that right?.

If you didn't inform the DWP your condition had worsened while your claim was being looked at and you are then refused, unless you appeal the decision, unfortunately you do have to go through the qualifying period again, which will begin when your condition became worse.

Best Wishes

Jo

[Hidden in reply to Jo_BLFHelpline]

Hi Jo link not working

[Jo_BLFHelpline British Lung Foundation]

Hi

Sorry about the link - i will aim to get another posted as soon as i can.

Jo

[cuddles64]

Not necessarily, you can appeal if it was only recently. I got turned down the first time and I didn't appeal. I did wait sometime before re-applying but then I didn't know about appealing the decision. So the second time I applied and got turned down again, I did appeal and was turned down again and then appealed again and then they took me to a tribunal and I still failed. I then re-applied again and I finally was awarded it from November 10th just gone. That was a two/three year battle though. So don't give up, just keep re-applying and re-appealing. Good luck.

Lynda. x

[Jo_BLFHelpline British Lung Foundation]

Hi

Unless there is extenuating circumstances why a person didn't appeal the decision (such as being in hospital) you must advise the DWP you are appealing (which can also include a revision) within 1 month.

If a person does not advise the DWP during the application process their situation has worsened or they do not appeal the decision they will need to make a new claim after waiting 3 months from the time they first applied or 3 months from when their condition worsened.

Cheers

Jo