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DLA supercession - lost my mobility allowance

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14 years 2 weeks ago #33100 by DRAGON2009
Replied by DRAGON2009 on topic Re:DLA supercession - lost my mobility allowance
Find out if they can make any home visits or otherwise try and arrange for someone to take you there. ]

I feel that you have a arguable case with a firm diagnosis of a debilitating condition and if your situation has not changed since your original award in terms of distance after which you are compelled to rest by fatigue.

It may also be helpful to tell your GP or any other healthcare workers if they are clearly supportive of you. However, as I mentioned before you need to see the ESA report (who knos what it says, it could be it says you 'copes well with stick at present' or some such thing) and to get the independent advice in your locality

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14 years 2 weeks ago #33216 by Gordon
I found this on another site, sounds like it might be relevant to this and similar threads.

CIB/1639/2009 which supported that ‘there are dangers inherent in trying to impose the conditions of entitlement to one benefit on another’ and held that medical evidence obtained in connection with one benefit when used for a claim or appeal for another benefit ‘must, however, always be viewed in the context of the evidence as a whole and must be used with particular caution, bearing in mind that the legislative framework will inevitably be different.’


Stephen

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  • Survivor
14 years 2 weeks ago #33218 by Survivor
I think that that will help quite a few people. Thanks.

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14 years 2 weeks ago #33220 by Crazydiamond
Replied by Crazydiamond on topic Re:DLA supercession - lost my mobility allowance
Stephen wrote:

I found this on another site, sounds like it might be relevant to this and similar threads.

CIB/1639/2009 which supported that ‘there are dangers inherent in trying to impose the conditions of entitlement to one benefit on another’ and held that medical evidence obtained in connection with one benefit when used for a claim or appeal for another benefit ‘must, however, always be viewed in the context of the evidence as a whole and must be used with particular caution, bearing in mind that the legislative framework will inevitably be different.’


Stephen


Do you know if there is a hyperlink for this Upper Tribunal decision?

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14 years 2 weeks ago #33221 by Gordon

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14 years 2 weeks ago #33235 by Crazydiamond
Replied by Crazydiamond on topic Re:DLA supercession - lost my mobility allowance
Thank you for supplying details of the Upper Tribunal's Decision.

Commissioner Pacey (as he was then) actually made a decision which was different in many aspects, when dealing with the cross-reference of IB/DLA medical reports in my own case. As the two decisions were five years apart, he appears to have resiled somewhat in deciding that there may be grounds to do so, whereas previously he had expressed doubts.

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