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A little help required for DLA

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13 years 6 months ago #56749 by jonnybravo Carr
A little help required for DLA was created by jonnybravo Carr
Hi,

I suffer from Chronic cluster headaches along with sever depression and anxiety. I am in the support group for ESA even though I scored 0 points in my medical in Jan this year.

I have however applied for DLA but been refused on all of it using my medical for ESA as well as medical opinion??

I have very supportive letters from my gp and also my neurologist.

I want to appeal the decision but am unsure how to word the letter as it cant be right to use the medical for esa for dla??

my first application for esa I failed the medical but won on appeal as they do not understand my condition.

Is it right that they can use the medical?

Thanks in advance

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  • RachelPotter
13 years 6 months ago #56772 by RachelPotter
Replied by RachelPotter on topic Re:A little help required for DLA
Hi jonny, I don't know much about DLA but I do know people who get it because they can not go out anywhere on their own.

Someone may shed some light on this for you in a bit.

Best wishes,
Rachel

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13 years 6 months ago #56777 by Gordon
Replied by Gordon on topic Re:A little help required for DLA
jonnybravo

Just to clarrify, you were placed in the Support Group following an appeal having scored 0 points at the medical?

If this is the case, then you can argue that the original ESA report is invalid as it was overturned by the Tribunal panel and that to base a DLA decision on it is also therefore invalid.

Have a look at out DLA Appeal guides in the Members area, you should also consider getting advice from a suitable advisor.

Gordon

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

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13 years 6 months ago #56782 by jonnybravo Carr
Replied by jonnybravo Carr on topic Re:A little help required for DLA
Thanks Gordon, To clarify, my original esa was refused with 0 points at the medical, this went to tribunal and I won and was placed in the wrag. My recent medical in January of this year was for my esa renewal and I scored 0 points again but was placed into the support group by a decision maker as far as I am aware.

So the recent medical was not overturned by appeal but I am guessing by a dwp decision maker.

Do you think i could still argue that it was a flawed medical?

Thanks again for your help

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13 years 6 months ago #56795 by Gordon
Replied by Gordon on topic Re:A little help required for DLA
jonnybravo

You need to understand why you have been placed in the SG, you can request the medical report from your local DWP office, either by phone or letter.

It is possible to be placed in the SG as the result of an exception condition (and score no points). If this is the case the use of the ESA medical might be valid.

Conversely, the reason you are in the SG could be relevant to your DLA claim and therefore the use of 0 point component could be unreasonable.

Don;t forget you must lodge your appeal within 4 weeks of the Decision letter. Have a look at our appeal guides in the Members area.

Gordon

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

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  • Gertie
13 years 6 months ago #56797 by Gertie
Replied by Gertie on topic Re:A little help required for DLA
Hi, from my personal experience.

I had to finish work due to my deterioration in health - even though I had my ESA medical 1 month after finishing work they placed me in the work related grp - I never appealed - at the time i did not know what it meant (benefits are a whole new world for me).

I applied for DLA and was refused point blank without a medical - even though I had supporting letters from my doctor, neurologist, physiologist, dermatologist and rheumatologist.

I am now waiting for a DLA tribunal oral hearing - sorry to the bearer of bad news - it seem to be the luck of the draw getting a sympathetic doctor

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