DLA awarded! but there's an issue!

well everyone,

my week just got better. I have been award LM at long last.

However, my first DLA claim in September was turned down and is now going to appeal.

My reapplication for DLA cited the exact same condition, the exact same supporting paperwork and it was granted without any problem.

Bearing this in mind and the fact that the DWP finally agreed I qualify for ESA should I send the ESA result and the DLA result to the appeals tribunal and ask them just to have a paper hearing now rather than wait till the oral one next March?

thank you again for getting me through this mess !!

Love, Lisa

The success rates at oral hearings are greater than the success rates at paper hearings.

I think that you would be best off doing more than jsut sending in the ESA decision. If I were in your shoes, I would spell it out for them, but then I'm the sort of person who likes to play safe.

I selected Oral hearing to give me time to get evidence together but, in reality, it is highly unlikely I will be able to make any oral hearing because of my medical condition.

I dont want to jeopardise my current DLA award to be honest but as it is exactly the same as when I first applied for DLA I think it is only right that it be backdated to the first application that some other DM turned down!

Hopefully this DLA decision should place me in the correct group for ESA now as that has still not been determined.

Lisa

lochlisa wrote:

I selected Oral hearing to give me time to get evidence together but, in reality, it is highly unlikely I will be able to make any oral hearing because of my medical condition.

I dont want to jeopardise my current DLA award to be honest but as it is exactly the same as when I first applied for DLA I think it is only right that it be backdated to the first application that some other DM turned down!

Hopefully this DLA decision should place me in the correct group for ESA now as that has still not been determined.

Lisa

Hi,

Although you may think it only right it be backdated to your first application, the tribunal panel would be free to draw there own conclusions based on the law.

Your only way forward should you be unsuccessful would be to a second tier tribunal based on the fact the tribunal may hve erred in law. That would require specialist face to face advice both to identify any point of law and to determine the prospect of success or failure ahead.

Whilst your ESA report appears to be in your favour, remember that ESA (and the WCA medical) are based on differing criteria to that required for Disability Living Allowance. Whilst there maybe a degree of overlap in some descriptors, the tribunal are free to decide if they accept it or not and which descriptors maybe relevant to your DLA needs.

I do not know if you are getting assistance, but some face to face help from a welfare rights agency to go through the reports in some depth maybe advisable.

Pete

thanks Pete.

what is the way forward if 2 different DM's reach different conclusions for the same condition?

I admit that the second DLA application may have used different wording in the 'tell us about your condition' boxes. However, the underlying medical issue is the exact same and both DM's received the exact same supporting evidence from my GP and carer.

This is where I am 'miffed' that the first DM declined me and the second DM awarded.

I have been trying to get through to the welfare rights people but their phones keep ringing out. I would like to do it myself if I can as I have done it alone so far with the help from this excellent forum.

regards, Lisa

lochlisa wrote:

thanks Pete.

what is the way forward if 2 different DM's reach different conclusions for the same condition?

I admit that the second DLA application may have used different wording in the 'tell us about your condition' boxes. However, the underlying medical issue is the exact same and both DM's received the exact same supporting evidence from my GP and carer.

This is where I am 'miffed' that the first DM declined me and the second DM awarded.

I have been trying to get through to the welfare rights people but their phones keep ringing out. I would like to do it myself if I can as I have done it alone so far with the help from this excellent forum.

regards, Lisa

Hi,

There will always be a small element of difference between decisions due to human intervention by the Decsion Makers. If it is a very marginal situation one DM could err one way and another in a different way. Human nature I am afraid.

I suppose it is prefereable to a 'computer says no' scenario - look at the problem with IB/ESA and the inflexible Lima software.

However, that ' human intervention' on decisions is partly why you have the right to take an adverse decision to an independent tribunal, where your whole claim is in effect 're-run' and the panel are free to make their decision within the law.

If they err in law then it can go to a second tier tribunal and so on.

I would keep trying to get some help. Have you tried Community Legal Services :

www.communitylegaladvice.org.uk/

Pete