- Posts: 51290
× Members
ESA and DLA contradictory results
- Rosies
- Topic Author
14 years 2 weeks ago #33174 by Rosies
ESA and DLA contradictory results was created by Rosies
My husband was placed in the work related activity group for ESA even though he cannot leave the house due to his condition except to attend hospital,can hardly do anything for himself, can't walk etc. I thought this was a mistake by the dept but was told we had to appeal. In the meantime he has now been granted DLA at higher rate both care and mobility which is fantastic, so why should we still need to appeal on the ESA issue - surely the fact that he has been awarded the DLA at the level he has should speak for itself? He is on contribution based ESA so obviously with the recent change it's important he is placed in the support group to ensure his ESA doesn't finish after a year.
Please Log in or Create an account to join the conversation.
- Survivor
14 years 2 weeks ago #33176 by Survivor
Replied by Survivor on topic Re: ESA and DLA contradictory results
It may not speak for itself, because the distances for how far you're expected to be able to walk are different - 30m for ESA but further for DLA.
Here are the relevant support group descriptors
"Walking or moving on level ground
Cannot—
(a) walk (with a walking stick or other aid if such aid is normally used);
(b) move (with the aid of crutches if crutches are normally used); or
(c) manually propel the claimant’s wheelchair;
more than 30 metres without repeatedly stopping, experiencing
breathlessness or severe discomfort.
2. Rising from sitting and transferring from one seated position to another
Cannot complete both of the following:
(a) rise to standing from sitting in an upright chair without receiving physical
assistance from another person; and
(b) move between one seated position and another seated position located
next to one another without receiving physical assistance from someone
else"
Here are the relevant support group descriptors
"Walking or moving on level ground
Cannot—
(a) walk (with a walking stick or other aid if such aid is normally used);
(b) move (with the aid of crutches if crutches are normally used); or
(c) manually propel the claimant’s wheelchair;
more than 30 metres without repeatedly stopping, experiencing
breathlessness or severe discomfort.
2. Rising from sitting and transferring from one seated position to another
Cannot complete both of the following:
(a) rise to standing from sitting in an upright chair without receiving physical
assistance from another person; and
(b) move between one seated position and another seated position located
next to one another without receiving physical assistance from someone
else"
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
14 years 2 weeks ago #33177 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA and DLA contradictory results
Rosies
Whilst it would seem sensible, unfortunately the system is not that intelligent.
The Decision Maker can only take into account the evidence presented to them at the time of the claim.
Unfortunately you must take this to tribunal. You have four weeks from the ESA decision to lodge an appeal, there is information in the members area on how to lodge an ESA appeal.
As part of the appeal process the Decision Maker will review the case and any new evidence, so make sure you include your DLA result. This might result in them changing their decision but it may still be necessary to go all the way to a hearing.
You should speak to your local CAB or Welfare Rights officer about the detail of your appeal.
Hope this helps
Stephen
Whilst it would seem sensible, unfortunately the system is not that intelligent.
The Decision Maker can only take into account the evidence presented to them at the time of the claim.
Unfortunately you must take this to tribunal. You have four weeks from the ESA decision to lodge an appeal, there is information in the members area on how to lodge an ESA appeal.
As part of the appeal process the Decision Maker will review the case and any new evidence, so make sure you include your DLA result. This might result in them changing their decision but it may still be necessary to go all the way to a hearing.
You should speak to your local CAB or Welfare Rights officer about the detail of your appeal.
Hope this helps
Stephen
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Rosies
- Topic Author
14 years 2 weeks ago #33203 by Rosies
Replied by Rosies on topic Re:ESA and DLA contradictory results
Thankyou for the helpful replies and clarification. I did lodge an appeal as soon as they told me (even though I just thought at the time they had actually made a mistake!)so will prepare beforehand.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David