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DLA Tribunals Appeal

  • bevlos
  • Topic Author
13 years 8 months ago #23002 by bevlos
DLA Tribunals Appeal was created by bevlos
Hi i am attending an appeal tribunal hearing in a couple of weeks and i am compiling a long list of errors and new medicines etc since my medical one year ago.

I only had an ESA medical i have never been 'invited to a DLA medical' or a EMP home visit. Does this still count? I only ask because your advice pdf's all state about a DLA medical or a home visit by a doctor.

My written appeal was refused because i apparently failed to attend a DLA medical and/or a home visit medical but i never received anything about either of these. I am due another ESA medical 7 days before my hearing, will this be used in the hearing as my condition has got a lot worse since the medical a year ago.

Thanks for reading

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  • nikki phillips
13 years 8 months ago #23029 by nikki phillips
Replied by nikki phillips on topic Re:DLA Tribunals Appeal
Hi,
I hope this is of some help to you.
I was advised by an ATOS Consultant Physician that DLA and ESA information are not linked.
My advise is to take as much medical evidence, from anywhere, as you can.
Likewise, I had never been offered a DLA medical and my request for a home visit from a departmental Doctor was rejected.
My tribunal in December was successful. It would not have been if I hadn't realised that they had not received my most up to date GP, Hospital and ATOS Occupational Health reports that I had sent, luckily, I had taken copies.
All the best!
:)

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13 years 8 months ago #23049 by Steve Donnison
Replied by Steve Donnison on topic Re:DLA Tribunals Appeal
Hi Bevios,

ESA medical reports can be used as evidence in relation to DLA. However, the appeal tribunal can only consider how you were at the date of the decision being appealed, so medical evidence from a year later would carry little if any weight unless it specifically referred back to how you were at the date of the decision being appealed.

Good luck,

Steve.

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

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