DLA supercession - lost my mobility allowance

Phone JCP/BDC, their number should be on the decision letter, and ask them to send you a copy of last years ESA85 medical report.

Sometimes they can get a bit funny about sending old medical reports and advise you that it is not relevant to your appeal, but just ignore that advise.

This is a first draft of my appeal reasons for losing mobility, since I can't use the wording quite as presented in the appeal guide.

1. Does this look reasonable?
2. Should I fill out the mobility portion of the supercession claim form and include it with the appeal?

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I wish to appeal the decision to change my mobility allowance from high rate mobility to none. The decision letter stated that this decision was based on my claim form and the health professional who examined me for ESA on 03/12/2009.

Because I had only requested that my care award be looked at again in the supercession application, I did not complete the mobility portion of the form, as instructed. Therefore, the claim form could not have given the Decision Maker any evidence about my present mobility needs. The other evidence you considered was from an examination conducted too long ago to provide any evidence about my current needs. As I reported in my claim form, my condition has been deteriorating throughout 2010, and therefore any medical examination from 2009 will not give a useful picture of my present condition.

I also wish to appeal against the decision only to award me low rate care component. I consider that I provided enough evidence for a higher award of the care component to be awarded.

I do not consider that the Decision Maker took full account of the severity of my condition or of the way that it affects my everyday activities and bodily functions. I wish to have an oral hearing so that I can explain the full effects of my condition to a tribunal and answer any questions they may wish to ask. Please do not ask me to provide further details of my grounds of appeal as I will not be able to do so until I have been provided with a full copy of the papers and had the opportunity to try to get independent advice and support.

Although we don't normally comment on individual circumstances and indeed actively discourage members from seeking advice on their own particular circumstances, as you have taken the time and trouble to give details of your intended appeal, I will limit myself to a brief comment to say that it looks fine.

On the question of adding details of your mobility problems to the DLA supersession claim form, which is presumably a DLA434 or DLA580, as you did not enter the details originally it would be advisable not to do so now, primarily because it wasn't the subject of the supersession request, but moreover it could stir up the proverbial hornet's nest and do you more harm than good.

The DLA Decison Maker can consider the findings of the ESA medical examination. It is vital you get a copy of that examination report to consider and if you have grounds, to contest its findings. I presume you got the ESA and thought that was the end of it. But now its findings are being used for DLA

You must get the report. Request a copy. The fact you didnt appeal the ESA is not prejudicial to you because if you got ESA without a hitch youn would not have even applied for a copy of your report

What you have written sounds OK but you need to address the ESA report if that is what the DLA DM is using

The main reason I think it is irrelevant is that the supersession was to report a change of circumstances from May 2010. The ESA medical was in December 2009, so even if I had danced a jig on the examiner's desk, it wouldn't provide much information about what condition I was in 6 months later. But I will still request the report since they said it was used as basis for the decision.

This is something a lot of people do not realise with DLA, that the dreaded ATOS ESA or IB medical examination is sometimes used as a source of evidencce for DLA.

It may be used even more frequently in the future as the drive to cut the deficit will be infectious to those gatekeeping most public expenditure.

What is said at a ESA / IB examination is so hugely pivotal for one's finances it is crucial to have as much detail in writing with the IB50 / ESA form as possible, not leaving it to chance, and to use the guides available here at B and W to be sure what you write is relevant

At least you are seeking advice and planning a challenge, but steady as you do, see if a local advice agency/CAB can help, and of course if your own medical advisors GP/Consultant/Physio etc can help do remember to look into that with the guidance of advisors