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Time limits on the use of a WCA 8 years 9 months ago #71917

  • PDG
I was recently turned down for DLA, the reason given was the results of the medical that I underwent on 29/7/2010 as part of my application for ESA. The WCA was set aside by the tribunal that awarded my ESA, as it was not conducted properly. So my question is can such a flawed and old medical be the basis for a decision?


Any help is much appreciated

Paul

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Re:Time limits on the use of a WCA 8 years 9 months ago #71941

  • Gordon
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PDG wrote:

I was recently turned down for DLA, the reason given was the results of the medical that I underwent on 29/7/2010 as part of my application for ESA. The WCA was set aside by the tribunal that awarded my ESA, as it was not conducted properly. So my question is can such a flawed and old medical be the basis for a decision?


Any help is much appreciated

Paul

I don't think that the link between the ESA computer system and the DLA one are very sophisticated, so it is likely that all that the DLA DMs can see is a reference to the medical report and likely the ability to see a copy.

That said, it perfectly possible that the ESA system is not capable of recognising that a report is no longer valid.

So unfortunately, it is perfectly possible for this situation to arise.

You don't say whether you are considering a Reconsideration or an appeal, but if you do, you should be able to use the fact that this report is no longer valid as a cornerstone of any submission.

See How to submit an appeal

Hope this helps.

Gordon

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

Re:Time limits on the use of a WCA 8 years 9 months ago #71944

  • PDG
Thanks Gordon

I was going to ask them to reconsider the decision on the basis of an invalid WCA, at least that way I will get two chances to put my case forward.

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