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TOPIC: DLA OLD CLAIM FORMS! HELP PLEASE

Re: DLA OLD CLAIM FORMS! HELP PLEASE 7 years 9 months ago #65805

  • michaelg
You lost your HRM & LRC DLA based on using a medical report from your ESA? Can you clarify this please as they are seperate benefits.

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Re: DLA OLD CLAIM FORMS! HELP PLEASE 7 years 9 months ago #65808

  • Loopy
Yes, it is correct. The letter I received about me not getting my DLA again specifically states the following...

How I have made my decision

I made my decision using information about your illnesses and disabilities from:

Your claim form
The Health Care Professional who examined you for Employment and Support Allowance on 22/09/2010

I could not believe this either!

Thanks
Lisa

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Re: DLA OLD CLAIM FORMS! HELP PLEASE 7 years 9 months ago #65809

It is an absolutely outrageous decision for the DLA Unit to rely on an ESA medical report which removed your entitlement to the allowance, and which was subsequently restored on appeal to the extent that you were placed in the support group, to review your DLA entitlement.

The qualifying conditions for ESA and DLA are completely different and as such it could also be argued if necessary that the report should be dismissed for this reason, as well as its unsuitability as evidence having already been dismissed by a previous ESA appeal tribunal.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re: DLA OLD CLAIM FORMS! HELP PLEASE 7 years 9 months ago #65810

  • Loopy
Thank you for your suggestion I will argue this issue with them in my appeal. It's very confusing and just makes the appeal more stressful but I am working through it slowly.

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Re: DLA OLD CLAIM FORMS! HELP PLEASE 7 years 9 months ago #65813

  • michaelg
Very well put by CD. I was shocked to hear this but looking it up it has happened, alhough a weak (imo) commissioners decision, (that I wouldn't recommend you use at this stage Loopy), suggests there are dangers inherent in doing this (but then I'm a fan of commissioners decisions!)

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Re: DLA OLD CLAIM FORMS! HELP PLEASE 7 years 9 months ago #65814

  • Loopy
I have already stated in my appeal that I feel the report should be dismissed, more so as it was appealed against and over turned. Thanks again! I will do my best and hope this time they do dismiss the report and look at my claim in it's entirety and not based on the ESA report!

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