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claudication

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11 years 10 months ago - 11 years 10 months ago #107909 by newone
claudication was created by newone
I am trying to help a friend with his DLA appeal Despite strong letters of support from his GP that because of claudication he is virtually unable to walk and need support with his care needs DWP are insisting that he does not qualify fro DLA even though he is in the ESA support group

What i am trying to do is find any Tribunal decisions that will assist in making the case at Tribunal

Can any please help
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago - 11 years 10 months ago #107919 by Gordon
Replied by Gordon on topic claudication

Neil Williams wrote: I am trying to help a friend with his DLA appeal Despite strong letters of support from his GP that because of claudication he is virtually unable to walk and need support with his care needs DWP are insisting that he does not qualify fro DLA even though he is in the ESA support group

What i am trying to do is find any Tribunal decisions that will assist in making the case at Tribunal

Can any please help


I am not aware of any DLA Decisions that refer back to ESA other than one indirect one that states that a medical report from another benefit can be used for DLA providing that it is relevant.

You can do your own search of Upper Tribunal Decisions

www.osscsc.gov.uk/Aspx/default.aspx

and there is a summary of them

www.disabilityrightsuk.org/how-we-can-he...ndance-allowance-and

Do you know why your friend is in the SG? If it is for the Mobility Test, then this would be a strong argument that they meet the DLA HRM criteria as the ESA test is stricter, the only other area of overlap is the ESA Incontinence descriptor, otherwise there is no real link between the SG and having Care needs.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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