× Members

DLA OLD CLAIM FORMS! HELP PLEASE

  • michaelg
12 years 7 months ago #65805 by michaelg
Replied by michaelg on topic Re: DLA OLD CLAIM FORMS! HELP PLEASE
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.

Please Log in or Create an account to join the conversation.

  • Loopy
  • Topic Author
12 years 7 months ago #65808 by Loopy
Replied by Loopy on topic Re: DLA OLD CLAIM FORMS! HELP PLEASE
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

Please Log in or Create an account to join the conversation.

More
12 years 7 months ago #65809 by Crazydiamond
Replied by Crazydiamond on topic Re: DLA OLD CLAIM FORMS! HELP PLEASE
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.

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

Please Log in or Create an account to join the conversation.

  • Loopy
  • Topic Author
12 years 7 months ago #65810 by Loopy
Replied by Loopy on topic Re: DLA OLD CLAIM FORMS! HELP PLEASE
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.

Please Log in or Create an account to join the conversation.

  • michaelg
12 years 7 months ago #65813 by michaelg
Replied by michaelg on topic Re: DLA OLD CLAIM FORMS! HELP PLEASE
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!)

Please Log in or Create an account to join the conversation.

  • Loopy
  • Topic Author
12 years 7 months ago #65814 by Loopy
Replied by Loopy on topic Re: DLA OLD CLAIM FORMS! HELP PLEASE
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!

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.