Dla/Esa help

Hi,
Not sure how this worked but hopefully somebody can help me. I have worked all my life then had to give up work approx 18 moths ago due to copd and severe osteoarthritis. I had my Esa medical about 6 weeks ago, still had no decision but am expecting the worst just in case. I have today received a letter from Dla (refusing benefit) no surprises there then. However they state that they used the medical from atos along with my claim form to make the decision??? I have requested a copy which they are sending in due course. I have called Esa and they say that dla and esa are completely seperate and dla could not have had the report before them? How can they send me a copy if they didn't have it? Of course dla have seen the report, although they couldn't tell me what it said. I now believe that my esa will be refused if this dla decision is anything to go by. Esa seem to think that just because I am disabled then I must be stupid as well. These people are so rude it beggars belief. If you ask any questions outside of the script they must have in front of them they don't know what to say, therefore try to fob you off with the backlog story. Has anyone else had similar circumstances? I understand that B&W cannot comment on individual cases but just general advice or hearing from people with similar situations will be more than welcome right now, I don't know what to do or where I go from here. I am at my wits end.....thanks in advance and apologise if these sounds like a rant
Sue

Hi Sue

When you appeal, make sure you say by letter or on the forms in BOLD that you are also continuing to claim the benefits at teh SAME time. I did not realise you had to do this....

I applied for ESA and was turned down after medical (which was a farce to be honest - they gave me zero points). I appealed late (2 months post decision not within one month) as I was having operations, which they let me do after my letter explaining all my procedures delaying me. I sent my appeal documents and I asked for the information about why I was turned down (it was never sent to me).... I waited and waited and then chased what was happening and was told that I had won my appeal (it took 3.5 months for this) but noone had bothered to tell me.... but 4.5 months post that initial appeal being made (so 1 month after I had apparantly won my appeal), I have no money, as they have lost my sick notes (on their system tehy are marked as received but they said they cannot find them). I managed to get new ones from my GP and sent recorded delivery once again..... still awaiting any money....

It seems to be a shambles to me. I made calls to the Appeal team and they called me back, telling me I won as documentation was missing which would be needed to deny my appeal.... so they found in my favour. Guess what, as soon as I won my appeal... Atos have started the whole process again, I have forms to do again and will have to do another medical with them....

Good luck!

Kind regards

Tilly
x

It is my understanding that, although DLA and ESA are administrated separately, information given on ESA claim forms can impact on DLA claims. I think the guides on filling out forms for ESA claims provided on B&W highlight particular areas that can affect DLA claims (see links via 'Help for claimants' to the left).

It is likely that the impact of this situation will be further exacerbated on a national level when the IB migration rolls out. People who haven't filled in claim forms for years will be expected to do so. Many people will be totally oblivious to the way their claims are assessed and there will be mass confusion.

A lot of folk will think that their DLA will be OK come the migration process, because Osborne went on about all DLA claims to be re-assessed from 2013.

However, because the ESA forms and WCA are (surreptitiously) tied in to DLA entitlement it acts as an excuse to effectively be re-assessing claims for DLA as they come up for migration.

OK. Better stop now. This is one of my 'hobby horse' subjects at the moment. Hope I at least answered your query!

Hi Sue, Please get face to face advice as soon as possible from a welfare rights officer or the CAB. You should have WROs at your local council offices they can go through all your paperwork etc, Or if you are receiving hospital treatment(out patieent or in patient your hospital should have WROs on site) hope this helps. Best Wishes

Hi Just to add what already been replied to on DWP website A-Z of medical conditions copd prognosis and duration it states The disease is regarded as being progressive, with a continuous steady decline in lung function.
In all cases - Indefinite award
Sorry could not post the link dont know how to but try and have a look and hope this helps

Hi ouch,

This the link A-Z of Medical Conditions

Some conditions are still in The Disability Handbook but as the last edition of this was printed in 1998, eventually all conditions will be transferred to the A-Z of Medical Conditions in due course.

Hope this helps.

Jim