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DLA - Appeal

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13 years 11 months ago #18163 by Clairelou07
DLA - Appeal was created by Clairelou07
Hi everyone,

I am new to this and have found the website and guides very helpful so far.

My mother-in-law (for whom I care) has osteo-arthritis (feet,knees and hands) tenosynovitis (hands) tennis/golfers elbow amongst other problems including a hernia which means she cannot take anti-inflammatories.

The GP has said she is not going to be able to work again as over the last six months her condition has deteriorated considerably.

She is in receipt of ESA but given her condition at the moment and that I am working only part-time to be able to care for her and take her to appointments, doing her shopping etc we decided to apply for DLA. She was knocked back on the grounds that the ESA medical assessment (carried out September 2009) said that she could walk 100m unaided! This is completely untrue and I agree with the ESA page on this website, as a lot of the report was rubbish. In that my mother-in-law did NOT say the things the assessor had stated!

We asked for a reconsideration in November and provided more information about her deterioration etc and she was still knocked back and not awarded anything. Nor did they contact her GP for a report as they insisted the ESA report was satisfactory! :angry:

We are now taking the decision to appeal tribunal and any advice particularly on whether a report from her GP would be helpful as evidence etc would be appreciated.

Also, what sort of witnesses I should ask to be present at the appeal??

Any help is appreciated guys!

Thanks,
Claire

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13 years 11 months ago #18170 by Crazydiamond
Replied by Crazydiamond on topic Re:DLA - Appeal
Clairelou07 wrote:

Hi everyone,

I am new to this and have found the website and guides very helpful so far.

My mother-in-law (for whom I care) has osteo-arthritis (feet,knees and hands) tenosynovitis (hands) tennis/golfers elbow amongst other problems including a hernia which means she cannot take anti-inflammatories.

The GP has said she is not going to be able to work again as over the last six months her condition has deteriorated considerably.

She is in receipt of ESA but given her condition at the moment and that I am working only part-time to be able to care for her and take her to appointments, doing her shopping etc we decided to apply for DLA. She was knocked back on the grounds that the ESA medical assessment (carried out September 2009) said that she could walk 100m unaided! This is completely untrue and I agree with the ESA page on this website, as a lot of the report was rubbish. In that my mother-in-law did NOT say the things the assessor had stated!

We asked for a reconsideration in November and provided more information about her deterioration etc and she was still knocked back and not awarded anything. Nor did they contact her GP for a report as they insisted the ESA report was satisfactory! :angry:

We are now taking the decision to appeal tribunal and any advice particularly on whether a report from her GP would be helpful as evidence etc would be appreciated.

Also, what sort of witnesses I should ask to be present at the appeal??

Any help is appreciated guys!

Thanks,
Claire


Take a look at the guide entitled "Appealing Against A Disability Living Allowance Decision" in the DLA resources section.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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