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DLA and EAS
- bhannar
- Topic Author
13 years 9 months ago #48119 by bhannar
DLA and EAS was created by bhannar
My sister suffers with M.E./C.F.S.She has been on DLA and due to her disablity has no real national insurance contrabutions so was not intitled to Incapacity benifit when she 1st applyed.
If she applies now for ESA and dose not get it; due to the changerblity of the illness/ getting a crappy assessor who dose not understand M.E., could this effect her DLA?
Can you ask for future DLA applications desionson makers not to include the ESA report/outcome if you want to?
If she is given ESA (and I as a trained Occupational Therapist with M.E. myself thinks she should)is it benfishal to ask for it to be included??
I realy could do with some advice on this;
Kind reagrds
If she applies now for ESA and dose not get it; due to the changerblity of the illness/ getting a crappy assessor who dose not understand M.E., could this effect her DLA?
Can you ask for future DLA applications desionson makers not to include the ESA report/outcome if you want to?
If she is given ESA (and I as a trained Occupational Therapist with M.E. myself thinks she should)is it benfishal to ask for it to be included??
I realy could do with some advice on this;
Kind reagrds
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- Survivor
13 years 9 months ago #48133 by Survivor
Replied by Survivor on topic Re: DLA and EAS
An ESA medical report can be taken into account when a Decision Maker decides whether to award DLA. However, they will take into account all other evidence submitted, so if you submit plenty of evidence with each DLA application, you maximise your chances.
Bear in mind, though, that the criteria for ESA and DLA are different, so there is only a small overlap, for example as to how far someone can walk.
Bear in mind, though, that the criteria for ESA and DLA are different, so there is only a small overlap, for example as to how far someone can walk.
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- Gordon
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13 years 9 months ago #48134 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA and EAS
bhannar
Unfortunately there are a number of cross-overs between the ESA and DLA tests, the most obvious being walking. We have also seen a number of claimants affected by this and having their DLA claims re-assessed.
You cannot select what evidemce a DWP Decision Maker uses, they will choose whatever they think is relevant.
You can certainly use your sisters DLA claim as evidence to support an ESA one.
We have lots of members who have successfully made ESA claims based on their suffering from ME/CFS, but I should warn you that there are also mamy who have only been successful after an appeal.
If you have more questions, please come back to the forum.
Gordon
Unfortunately there are a number of cross-overs between the ESA and DLA tests, the most obvious being walking. We have also seen a number of claimants affected by this and having their DLA claims re-assessed.
You cannot select what evidemce a DWP Decision Maker uses, they will choose whatever they think is relevant.
You can certainly use your sisters DLA claim as evidence to support an ESA one.
We have lots of members who have successfully made ESA claims based on their suffering from ME/CFS, but I should warn you that there are also mamy who have only been successful after an appeal.
If you have more questions, please come back to the forum.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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