Been Refused DLA & ESA Stopped

I lost my job at the NHS on 17 March as i had been off work since august 2010 with a migraine from hell, yes you read it right a nigraine continuous since 21st july 2010! As you can imagine the pain, light & noise has drived me insane & now my depression is at its worst.. Only have had ESA for 7 weeks & its stopped already, i got 0points from my medical how that happened i don't know? The doctor seemed very understanding about my problems how wrong i got that... During medical he asked me if i self harmed i opened up and told him i did, the thing is my mum was with me & heard about something i had hid from her. As you can imagine it was very upsetting for both of us, i'm so angry because that question was not on the report i recieved?!

I also recieved a letter the same day for DLA refusing my claim. I've sent off to appeal for both but now i'm wondering if i have the energy to bother with this? I'm finding life very difficult to hold myself together this is just another stress i could do without!

Chris_63 wrote:

With regard to your DLA claim it is always worth asking for a reconsideration prior to going to appeal.

Gordon wrote:

The DWP are obliged to carry out a Reconsideration when someone appeals a decision, so by asking for one before appealing you are only lengthening the time before your Tribunal is heard, assuming the DWP do not overturn the Decision.
Gordon

I've recieved a letter from DLA telling me it will take 11 weeks for a reconsideration, can i telephone them and say i've changed my mind and would like to straight to a tribunal? Will i have to make it clear i want an oral tribunal not a paper one or will this confuse them??

Chris_63 wrote:

With regard to your DLA claim it is always worth asking for a reconsideration prior to going to appeal.

Gordon wrote:

The DWP are obliged to carry out a Reconsideration when someone appeals a decision, so by asking for one before appealing you are only lengthening the time before your Tribunal is heard, assuming the DWP do not overturn the Decision.
Gordon

I've recieved a letter from DLA telling me it will take 11 weeks for a reconsideration, can i telephone them and say i've changed my mind and would like to straight to a tribunal? Will i have to make it clear i want an oral tribunal not a paper one or will this confuse them??

It maybe better to put your request into writing. However if carry out the reconsideration anyway and then you have the option again to request a tribunal by submitting a GL24 if the reconsideration is not favourable.

You will then be sent forms to complete regarding the appeal tribunal where you specify whether you wish a paper or oral hearing.

Pete

Thanx for your reply pete

Maybe i'll just wait for the reconsideration. I keep see the GL24 in alot of posts, when i requested an appeal of the ESA decision i put it in writing & didn't bother filling out a GL24, does that matter?