I need some advice re DLA

I got 9 points for my ESA medical last April so i appealed. The usual stuff really, the examiner could have been writing about somebody else entirely, he completely missed out some important details. I had applied for DLA at the same time and this was also turned down, the reason given was "the failed medical". I decided to leave the DLA until after my appeal, however I took a turn for the worse ( big flare up of R arthritis in hands which has left me with a lot of difficulties preparing food and taking medications.) I rely on my OH to do these things. Because of the deterioration and the fact that I was still waiting for an appeal date, i applied ffor DLA again 2 weeks ago. I then heard that my ESA appeal is on 28th March. Heard today that I've been refused DLA " based on the medical done last April". I dont know if I'm more upset or annoyed. I'm fairly confidant that the tribunal will give me more points ( & my GP is)but if I wait until then, it will be too late to appeal. Do I appeal DLA now & risk them still using the April medical or wait & put a new claim in if I am awarded ESA. I'm really struggling now and having to make adaptations to things at home which I cant really afford. I know DLA isn't much, but it would help a bit. What should i do?

Hi Katykat

You only have one month to appeal the DLA decision.

It does beggar belief that the DWP rely on out-of-date medical evidence (only when it suits them, I should add) but you have a much better opportunity of arguing your case on appeal.

The WCA is not directly relevant to DLA in most respects and you can also argue the your health has deteriorated. In any case, tribunals can only consider circumstances obtaining at the time the decision was made, so I don't think the DWP can rely on this argument.

Best of luck

Derek

I had a feelin that i would have to appeal. i didn't really want that as i have been worrying enough about the ESA appeal. Would it mean anything if i put my appeal in now and requested that they hold their decision until after my ESA tribunal? In that respect, if the tribunal award more than 15 points and ESA is reinstated, does this cancel out the failed medical? I'm so annoyed that the DLA have twice used a medical that I am disputing. I will have been waiting 11 months by the time my apeal is heard.

You could ask the tribunal to postpone the DLA appeal or possibly hear both appeals at one hearing (not something I could handle), but I'm not sure if that would be entirely necessary for the reasons mentioned in my previous post.

I would suggest that you get face-to-face advice on this if at all possible.

You may find the link below interesting.

www.rightsnet.org.uk/forum-archive/index1585.html

I've had time to think now and I'm not going to appeal. I will wait until after my ESA tribunal and if they award me more points and so I get ESA, then I think that would give me a better chance of getting DLA. If I fail the appeal I'll just have to accept it. I cant work, so i'll have to live off what I've got until it runs out. Dont get my State pension for 5yrs though. Thanks Derek