DLA Appeal

Hi all been a member for a few months now and through the methodical approach of the B&W Guides and constant referal to the message boards achieved ESA Support Group at first attempt following a positive medical assessment thank you all for your help it was a nightmare given my condition but you gave me the strength.

My DLA claim was turned down flat however and is now under appeal. I am working on this. Given that I was offered no medical for DLA.I was hoping that I would be able to use the medical assessment for ESA at my DLA hearing. I sent the esa85 to the Tribunal and they have incuded it in the bundel numbered the pages etc. I hope DLA dont challenge this as the approved Disability Analyst has stated some exploplosive stuff in the description of a typical day and in my prognosis.Mods and members thoughts on this would be most welcome.

Thanks Gordon,my GP report is very thin ie has problems coping not much of a help there. I have 2 specialists reports saying I need caring support again without going into enough detail and explaining that my treatment is ongoing.
Just poping back to my successful ESA claim
I was put in ESA CB but I have found out that if I was in ESA IR I would have qualified for a enanced disability payment of £14.20. I phoned them and to be honest she was trying to fob me off. So I wrote to them explaining,Claimants in the support group are entitled to the Enhanced Disability Premium (EDP). This is an additional rule for the EDP which only applies to ESA. Normally to qualify for the EDP a claimant or their partner must be entitled to Attendance Allowance or the higher rate of the care component of Disability Living Allowance (DLA).

Claimants in the support group get the EDP paid in the main phase without having to satisfy that condition, provided they qualify for ESA (income related).

As I meet both the criteria for contribution based and income related Employment and Support Allowance, then you will receive whichever is the greater between the ESA (Cont) personal rate and your ESA IR applicable amount.
Who is right im very confused on this one.

Gordon wrote:

Joshua

The DWP, all to readily use ESA medicals against DLA claims, so there is no reason why you should not use one in support of one.

That said, there are limited overlaps between the DLA and ESA criteria, so you will need to supply additional evidence, relevant to the ESA descriptors, if you are to win your case.

Good luck

Gordon

Gordon is right about the DWP using ESA evidence for DLA claims and vice versa.

However, it doesn't change the fact that DLA is paid to those with mobility and/or care needs, who may or may not be working either full-time or part-time.

ESA, and IB are benefits paid to those who cannot work due to chronic ill-health and or disability.

Decision Makers cannot just withdraw a DLA award just because a claimant loses their IB/ESA.

The conditions for receipt of IB/ESA and DLA are totally different and as a former DLA Tribunal Member for over 10 years and a further 20 years as a WRO, a DLA Tribunal would certainly not agree with a decision to lower or withdraw a current DLA award just because that person lost their IB/ESA.