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Thread: DLA Help

  1. #1
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    DLA Help

    hi, any advice please.

    I had my ESA stopped in oct 2012 and i am in the process of appealing this was after a medical in June, I have been in touch with CAB and their legal people who are representing me, they say i have a very good chance of winning my appeal due to my health.

    I was also on High rate mobility and low rate care, today i have recieved a letter saying as from today i no longer entitled to DLA both sections. This was after a DLA medical at my home in oct and the esa medical in june (which i am appealing)

    Any ideas anyone ??

  2. #2
    doberg
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    Quote Originally Posted by alibt View Post
    hi, any advice please.

    I had my ESA stopped in oct 2012 and i am in the process of appealing this was after a medical in June, I have been in touch with CAB and their legal people who are representing me, they say i have a very good chance of winning my appeal due to my health.

    I was also on High rate mobility and low rate care, today i have recieved a letter saying as from today i no longer entitled to DLA both sections. This was after a DLA medical at my home in oct and the esa medical in june (which i am appealing)

    Any ideas anyone ??
    Yes, failing your ESA assessment automatically triggered a review of the DLA award with a home visit by a DWP doctor.

    If you look at it realistically, if you have a DLA award and then you fail the ESA assessment, it doesn't take a genius to work out that you are possibly not as disabled as you made out you were in the past.

    As an example if you have say HRM of DLA yet fail the mobilising test of ESA there is some doubt there as to the correctness of the DLA award.

  3. #3
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    DLA is an IN work as well as OUT of work allowance as opposed to a State Benefit. It is quite possible to be in full time employment AND get full rate DLA. ESA is an OUT of work Benefit and is paid on the basis that you are NOT capable of any work (although if placed in the WRAG they expect you will be fit enough to return to full time employment within 12 months). The decision to disallow your DLA is as a direct result of a medical carried out at home you should ask for a copy of the examining doctor (or HCP) report from the DWP whose address will be on the top of the decision letter you received. You will need it to help your appeal. All appeals for DLA now have a mandatory reconsideration before appeal, which causes more delays. So start the ball rolling asap, CAB should be able to advise you more about your particular circumstances.

  4. #4
    doberg
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    Quote Originally Posted by ians13770 View Post
    DLA is an IN work as well as OUT of work allowance as opposed to a State Benefit. It is quite possible to be in full time employment AND get full rate DLA. ESA is an OUT of work Benefit and is paid on the basis that you are NOT capable of any work .
    It doesn't matter if it is an in work or out of work benefit.

    Failing the ESA assessment is accepted by the DLA people in Blackpool as 'new' evidence that is casting considerable doubt on the validity of the DLA award.

    Hence why the poster had a 'review' of the DLA award with a medical at home. If the poster had have been awarded ESA - Support Group straight away, the DLA award would have carried on without question.

    You may think it ridiculous but that is what the DWP are doing.

  5. #5
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    Quote Originally Posted by doberg View Post
    It doesn't matter if it is an in work or out of work benefit.

    Failing the ESA assessment is accepted by the DLA people in Blackpool as 'new' evidence that is casting considerable doubt on the validity of the DLA award.

    Hence why the poster had a 'review' of the DLA award with a medical at home. If the poster had have been awarded ESA - Support Group straight away, the DLA award would have carried on without question.

    You may think it ridiculous but that is what the DWP are doing.
    Yes - that is indeed what the DWP is doing. But there is no way of knowing on the information provided that the DLA award would have carried on without question. Let's not forget that apart from any pending renewal, the transition to PIP will be starting soon.
    I do think that the DWP is taking every opportunity to reduce or disallow existing awards of DLA before the introduction of PIP. He should appeal.

  6. #6
    doberg
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    Quote Originally Posted by Carneucopia View Post
    Yes - that is indeed what the DWP is doing. But there is no way of knowing on the information provided that the DLA award would have carried on without question. Let's not forget that apart from any pending renewal, the transition to PIP will be starting soon.
    I do think that the DWP is taking every opportunity to reduce or disallow existing awards of DLA before the introduction of PIP. He should appeal.
    I disagree. The poster is quite clear when they say "This was after a DLA medical at my home in oct and the esa medical in june (which i am appealing)"

    The poster accepts and makes the point that the DLA review was started because of the ESA failure. If there had not been an ESA failure there would have been no reason for the DWP to want to review the DLA award.

    Of course the DWP are taking every opportunity to review DLA awards - only because new evidence comes to light that casts a doubt on the award.

    They just don't review claims for no reason. It is either because of new information including an ESA assessment or someone reporting them, the date for review has come about or maybe the claimant has notified a change.

    The DWP are certainly not taking every opportunity to reduce or disallow existing awards of DLA before the introduction of PIP. Talk about conspiracy theories

  7. #7
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    Weather its in or out of work the criteria for both benefits as far as im aware is the exact same? so if you fail the criteria for the support group on E.S.A (walking)and then you dont get put in the support group but you qualify for H.R.M D.L.A then there are to different versions of your ability to walk.Just fight it if you can not walk then you fight it do not let them bully you they want you to give up but if you can get help fighting it even better good luck

  8. #8
    doberg
    Guest
    Quote Originally Posted by sambo-79 View Post
    Weather its in or out of work the criteria for both benefits as far as im aware is the exact same? so if you fail the criteria for the support group on E.S.A (walking)and then you dont get put in the support group but you qualify for H.R.M D.L.A then there are to different versions of your ability to walk.Just fight it if you can not walk then you fight it do not let them bully you they want you to give up but if you can get help fighting it even better good luck
    Of the two benefits, DLA is the easiest to be awarded for mobilising than ESA.

    There is no 'pretend' wheelchair with DLA - it is just based on walking. With ESA there is the same walking test + getting yourself around in a wheelchair if ATOS think you could.

  9. #9
    vikstar
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    Quote Originally Posted by doberg View Post
    Yes, failing your ESA assessment automatically triggered a review of the DLA award with a home visit by a DWP doctor.

    If you look at it realistically, if you have a DLA award and then you fail the ESA assessment, it doesn't take a genius to work out that you are possibly not as disabled as you made out you were in the past.

    As an example if you have say HRM of DLA yet fail the mobilising test of ESA there is some doubt there as to the correctness of the DLA award.
    I think your statement from the above quote is rather absolute, "Yes, failing your ESA assessment automatically triggered a review of the DLA award with a home visit by a DWP doctor.", maybe it should state "may trigger", "could trigger". I know of people who have been found fit for work in The ESA WCA, and have not had their DLA reviewed.

    DLA reviews can be triggered at random, with The Right Payment Programme, this could be the case in some situations. Plus, the comments of the other poster, regarding in work and out of work benefits are pertinent. I would go so far as to say that, as the DWP DM's can use any medical evidence at their disposal in coming to a decision, that if there was any evidence in an ESA medical report that was contradictory to your existing award of DLA, or vice versa, this could endanger the existing award.

    As you rightly state, the ESA Mobilising test includes the use of a manual wheelchair, therefore someone could fail on this ESA activity, and get 0 points, but still have severe walking limitations which would qualify them for HR Mobility of DLA.

    We really should try and shy away from making statements, as fact, unless we have evidence to back such statements up.
    Last edited by vikstar; 10-12-12 at 12:43.

  10. #10
    doberg
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    Quote Originally Posted by vikstar View Post
    I think your statement from the above quote is rather absolute, "Yes, failing your ESA assessment automatically triggered a review of the DLA award with a home visit by a DWP doctor.", maybe it should state "may trigger", "could trigger". I know of people who have been found fit for work in The ESA WCA, and have not had their DLA reviewed.

    DLA reviews can be triggered at random, with The Right Payment Programme, this could be the case in some situations. Plus, the comments of the other poster, regarding in work and out of work benefits are pertinent. I would go so far as to say that, as the DWP DM's can use any medical evidence at their disposal in coming to a decision, that if there was any evidence in an ESA medical report that was contradictory to your existing award of DLA, or vice versa, this could endanger the existing award.

    As you rightly state, the ESA Mobilising test includes the use of a manual wheelchair, therefore someone could fail on this ESA activity, and get 0 points, but still have severe walking limitations which would qualify them for HR Mobility of DLA.

    We really should try and shy away from making statements, as fact, unless we have evidence to back such statements up.
    Thanks

    The answer to this and the reasons for all other reviews of a benefit will be contained within the DLA appeal bundle - generally it will include the ESA85 as part of the DWP's evidence.

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