× Members

DLA and ESA renewals

More
12 years 9 months ago #90311 by plinth
DLA and ESA renewals was created by plinth
I am seeking opinion about an ESA renewal. I migrated from IB about a year ago. After completing the ESA50, I was placed in the support group without a medical. I wrote to the DWP to ask when I could expect to have to apply for ESA again, but they did not write back.

I had to apply for a renewal of DLA very recently. This was renewed at the same rate as before (HRC), but was made indefinite. I received notice of this two weeks ago. Today a new ESA50 came through the post.

Is there any point in me copying the DLA award notice and attaching it to the new claim for ESA? Shall I use the consultant's report which I sent with the DLA form with the ESA form, as I have no wish to go back to any of my doctors and ask them for yet more letters? Also I am applying for ESA on exactly the same grounds as I did for DLA (ie, that I have an incurable and severe disease which requires a lot of care and attention, day and night with lots of really nasty symptoms all day and all night).

Why oh why oh why are they picking on me? (you don't have to proffer an opinion on that one!).

Thank you. :(

“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama

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

More
12 years 9 months ago #90312 by slugsta
Replied by slugsta on topic Re:DLA and ESA renewals
I am afraid that requent reassessments are the whole ethos of the Welfare Reform Bill and ESA can be reassessed after as little as 3 months!

Send in anything that you think might help, especially if it directly references the Support Group descriptors.

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.

More
12 years 9 months ago #90319 by plinth
Replied by plinth on topic Re:DLA and ESA renewals
Thank you Mrs Hurtyback. Actually, having read the first few pages of B&W's guide, I realise that I should be in the support group on exemption grounds ie there is medical evidence that the disease is uncontrollable, or uncrontrolled, by a recognised therapeutic procedure etc. I have a letter from the consultant stating that my illness no longer responds to medication (but I still take the medication anyway). I will still fill it all out anyway, and attach that letter too.

Do you know whether a "recognised therapeutic procdure" means a medication approved by NICE for the treatment of a specific condition? Even the very potent and extreme medication I am taking is entirely outside of the scope designed for the disease I have, and I anticipate having to take trial (unapproved) drugs in the near future because nothing which NICE has approved of has worked at all for me.

“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama

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

More
12 years 9 months ago #90321 by slugsta
Replied by slugsta on topic Re:DLA and ESA renewals
To my mind, 'recognised therpeutic procedure' would be something that is widely known and used. I don't know whether DWP ha any guidelines regarding this, perhaps one of the other mods will be able to comment.

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.

More
12 years 9 months ago - 12 years 9 months ago #90323 by plinth
Replied by plinth on topic Re:DLA and ESA renewals
Thank you again. I hope that someone might come forward regarding the matter of recognised therapeutic procedures. I can tell you that the drugs I take are very rarely used, and are not approved either by NICE or the area health authority for my illness.

“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama
Last edit: 12 years 9 months ago by slugsta.

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

More
12 years 9 months ago #90341 by Gordon
Replied by Gordon on topic Re:DLA and ESA renewals
Kate32 wrote:

Thank you again. I hope that someone might come forward regarding the matter of recognised therapeutic procedures. I can tell you that the drugs I take are very rarely used, and are not approved either by NICE or the area health authority for my illness.

Just to be clear.

You must be suffering from a life threatening diseas for which there is medical evidence that the disease is uncontrollable, or uncontrolled by a recognised therapeutic procedure and in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure.

I can find no definition of what a "recognised therapeutic procedure" is or is not, nor does there appear to be any Case Law in this area that can be referenced.

Gordon

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.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid