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DLA Mobility refused-Tribunal ESA to Support Group
- DandyBoy
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12 years 2 weeks ago #102945 by DandyBoy
DLA Mobility refused-Tribunal ESA to Support Group was created by DandyBoy
Dear All -
- in Feb 2013 the ESA Tribunal set aside/reversed the DWP decision and placed me in the Support Group on the quoted (in the Decision Notice) statutory 'restricted mobilisation' grounds ;
- in March 2013 i then applied for DLA using the same medical evidence and the Tribunal Decision Notice of Feb. 2013 (only a month earlier), and enclosing a print off of the statutory schedule for ease of reference ;
I did not expect to be awarded DLA for day to day living, except for the Higher Rate Mobility aspect. Howsoever, this too has been refused on the grounds that -
"you can walk over 50 metres and are not so restricted in the speed and manner of your walking that you are virtually unable to walk.
Using suitable aids, although your walking is limited, you are not unable to walk oe virtually unable to walk.
This means you are not entitled to higher rate mobility. "
This seems somewhat inconsistent as it was my understanding that the DLA requirements were less demanding than the ESA - yet i was placed in the ESA Support Group by the Tribunal.
It would appear that if this DLA App. also went all the way to the Tribunal, then the Tribunal would have to rule against itself (in effect) if it were to uphold the DWP's decision of DLA refusal - yet the qualification for DLA is less than ESA (if i have read posts here correctly).
When it came to filling in the DLA boxes - rather than be a 'box ticker' i wrote out my conditions and their effects on standing sitting and walking (as per ESA) at the bottom of the page, and enclosed the same medical evidence as for ESA.
I intend to appeal in the hope a more senior DM may reconsider - is there anything i should add or refer to ?
Any guidance or comments much appreciated a s always.
Many thanks,
DandyBoy
- in Feb 2013 the ESA Tribunal set aside/reversed the DWP decision and placed me in the Support Group on the quoted (in the Decision Notice) statutory 'restricted mobilisation' grounds ;
- in March 2013 i then applied for DLA using the same medical evidence and the Tribunal Decision Notice of Feb. 2013 (only a month earlier), and enclosing a print off of the statutory schedule for ease of reference ;
I did not expect to be awarded DLA for day to day living, except for the Higher Rate Mobility aspect. Howsoever, this too has been refused on the grounds that -
"you can walk over 50 metres and are not so restricted in the speed and manner of your walking that you are virtually unable to walk.
Using suitable aids, although your walking is limited, you are not unable to walk oe virtually unable to walk.
This means you are not entitled to higher rate mobility. "
This seems somewhat inconsistent as it was my understanding that the DLA requirements were less demanding than the ESA - yet i was placed in the ESA Support Group by the Tribunal.
It would appear that if this DLA App. also went all the way to the Tribunal, then the Tribunal would have to rule against itself (in effect) if it were to uphold the DWP's decision of DLA refusal - yet the qualification for DLA is less than ESA (if i have read posts here correctly).
When it came to filling in the DLA boxes - rather than be a 'box ticker' i wrote out my conditions and their effects on standing sitting and walking (as per ESA) at the bottom of the page, and enclosed the same medical evidence as for ESA.
I intend to appeal in the hope a more senior DM may reconsider - is there anything i should add or refer to ?
Any guidance or comments much appreciated a s always.
Many thanks,
DandyBoy
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- Gordon
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12 years 2 weeks ago #102951 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Mobility refused-Tribunal ESA to Support Group
DB
Sorry to hear that you have had this result.
You are correct in thinking that the ESA Mobilising test is more strict than the DLA walking one, however, that does not mean that the former will automatically result in the latter.
You need to request the DLA DM's State of Reasons for the refusal.
I am assuming the original DWP Decision Maker did not agree that you scored 15 points for Mobilising, do you know if you scored any points for this test, and if so, what they were?
You do not mention a medical in connection with you DLA claim, so it is likely that the DM used the original ATOS medical report from your ESA claim, which I suspect is also un-supporting of your being able to Mobilise 50m.
You do not say when the original Decision that you appealed was made, but it is important to remember that the Tribunal was only able to consider your health as it was at that time, whereas the DLA DM would be looking as it is now, I realise in saying that, that this raises questions over them relying on the ESA report, but has your condition changed and did you provide evidence that supported this.
In terms of the appeal, please have a look at the following
How long do I have to appeal?
How to submit an appeal
DLA Medical – What forms to ask for?
Our DLA Appeal guide is available on the following link
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and also includes additional with regard to challenging a medical report and justifying the distance that you can walk.
If you have furher questions, please reply to this post.
Gordon
Sorry to hear that you have had this result.
You are correct in thinking that the ESA Mobilising test is more strict than the DLA walking one, however, that does not mean that the former will automatically result in the latter.
You need to request the DLA DM's State of Reasons for the refusal.
I am assuming the original DWP Decision Maker did not agree that you scored 15 points for Mobilising, do you know if you scored any points for this test, and if so, what they were?
You do not mention a medical in connection with you DLA claim, so it is likely that the DM used the original ATOS medical report from your ESA claim, which I suspect is also un-supporting of your being able to Mobilise 50m.
You do not say when the original Decision that you appealed was made, but it is important to remember that the Tribunal was only able to consider your health as it was at that time, whereas the DLA DM would be looking as it is now, I realise in saying that, that this raises questions over them relying on the ESA report, but has your condition changed and did you provide evidence that supported this.
In terms of the appeal, please have a look at the following
How long do I have to appeal?
How to submit an appeal
DLA Medical – What forms to ask for?
Our DLA Appeal guide is available on the following link
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and also includes additional with regard to challenging a medical report and justifying the distance that you can walk.
If you have furher questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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