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DLA Doctor report use at ESA Appeal

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10 years 8 months ago - 10 years 8 months ago #107026 by Confused
DLA Doctor report use at ESA Appeal was created by Confused
I was receiving IB until last September when I attended an ESA medical and was only awarded 6 polints. I contacted the Citizen's Advice Bureau who advised me to appeal and that I should also put in a claim for DLA. I submitted both the appeal and the claim immediately. The DLA was refused due to the information on the ESA medical so I appealed against that too.

A few weeks ago I received a date for the DLA appeal. The day I was due to attend, it was cancelled as the Judge was unhappy with the ESA medical evidence. He arranged for a Doctor to visit the house and, as a result of that visit, I've been sent that report and it completely contradicts the report given by the Nurse who examined me for ESA.

I have now received a date for the ESA tribunal (still waiting for the DLA appeal tribunal date) and I wondered if I could submit the DLA Doctor report as evidence that the Nurse completely ignored some of my disabilities? I have stated this in letters already sent to the tribunal but feel this is further proof.

Thank you for any help you're able to give in this matter.
Last edit: 10 years 8 months ago by . Reason: Tick.

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10 years 8 months ago #107030 by slugsta
Replied by slugsta on topic DLA Doctor report use at ESA Appeal
Yes, by all means submit the DLA report and draw attention to the parts that back up your claim for ESA. However, you need to be careful as, in some areas, the criteria for DLA are less rigorous than those for ESA (the 'mobilising' descriptor, for instance). It certainly sounds as if the report you have will help back-up your claims in some parts where the ESA HCP has failed to mention some of the problems you suffer from.

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