DLA appeal WON - implications for ESA?

hello all,

Claimed DLA last September and was refused 10 weeks later - sent to appeal.

re-claimed DLA November using exact same details - awarded for 2 years.

Claimed ESA last September and was on assessment until medical in April 2011 which was a home medical - failed with 0 points.

DLA appeal heard, pure paper appeal as I was too unwell to attend, and the tribunal decided unanimously, on evidence provided, that I am entitled as I 'require guidance and/or supervision when walking out of doors'.

Now, surely this proves that I satisfy ESA descriptor 'Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person on each occasion’.?

Naturally I have sent a copy of the decision to the ESA dept at DWP and a copy to my MP along with a covering letter.

Any suggestions what I do now as this surely proves that the ATOS medical is flawed?

thank you, Lisa

lochlisa wrote:

hello all,

Claimed DLA last September and was refused 10 weeks later - sent to appeal.

re-claimed DLA November using exact same details - awarded for 2 years.

Claimed ESA last September and was on assessment until medical in April 2011 which was a home medical - failed with 0 points.

DLA appeal heard, pure paper appeal as I was too unwell to attend, and the tribunal decided unanimously, on evidence provided, that I am entitled as I 'require guidance and/or supervision when walking out of doors'.

Now, surely this proves that I satisfy ESA descriptor 'Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person on each occasion’.?

Naturally I have sent a copy of the decision to the ESA dept at DWP and a copy to my MP along with a covering letter.

Any suggestions what I do now as this surely proves that the ATOS medical is flawed?

thank you, Lisa

DLA and ESA are very differnt ...did you get mobility at the lower rate IMO that might help your ESA claim but dont hold your breath ..

IF you look at the reason (if you got DLA mobility) in the a to z of medical problems does that say anything like the reason you put above ? in the Care and mobility considerations section

for your illness ?

I got DLA low rate mobility and the reason on the adjudication is 'require guidance and/or supervision when walking out of doors'

According to the A to Z the term Agoraphobia may cover this as it mentions having a companion when outside the house.

lochlisa wrote:

hello all,

Claimed DLA last September and was refused 10 weeks later - sent to appeal.

re-claimed DLA November using exact same details - awarded for 2 years.

Claimed ESA last September and was on assessment until medical in April 2011 which was a home medical - failed with 0 points.

DLA appeal heard, pure paper appeal as I was too unwell to attend, and the tribunal decided unanimously, on evidence provided, that I am entitled as I 'require guidance and/or supervision when walking out of doors'.

Now, surely this proves that I satisfy ESA descriptor 'Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person on each occasion’.?

Naturally I have sent a copy of the decision to the ESA dept at DWP and a copy to my MP along with a covering letter.

Any suggestions what I do now as this surely proves that the ATOS medical is flawed?

thank you, Lisa

Have you appealed the adverse ESA decision?

If so, as you have already sent a copy of the DLA decision to the DWP in support of your ESA claim, as long as you have explained the purpose of the DLA report in relation to your loss of your entitlement to ESA, then you will have to wait and see if they are prepared to reconsider the ESA disallowance, on the evidence of the DLA appeal tribunal's decision?

yes, the ESA decision has been appealed and at reconsideration was still denied, this was before the outcome of the DLA appeal.

I have sent the DLA decision to them with a covering explanation letter to see if they will reconsider again.

Lisa