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ESA rejection - DLA linked?

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13 years 8 months ago #23009 by Christina Young
ESA rejection - DLA linked? was created by Christina Young
Hi

I'm a Moderator on an MS forum and one of our members has posted a topic that says she was turned down for ESA and then received a letter from DWP saying her DLA application had been refused because her ESA claim was disallowed. I thought DLA and ESA are not connected and that being turned down for one should not affect the other? I want to be sure I find out for sure before giving wrong advice. DLA is often awarded to those who can still work despite their disability or illness so if this has happened in her case, it's the first I've heard of it. What do others think - has this lady misunderstood?

Thanks for taking the time to read this post.

Christina

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13 years 8 months ago #23045 by Steve Donnison
Replied by Steve Donnison on topic Re:ESA rejection - DLA linked?
Hi Christina,

Sadly this is not at all unusual.

DLA and ESA are not linked and being refused ESA would not directly lead to being refused DLA.

However, the DLA decision maker can use the medical report from the work capability assessment as medical evidence when making a decision about DLA.

So, for example, if the ESA medical report records that a claimant 'Cooks safely and eats well' that could be grounds for refusing lower rate care DLA in relation to the main meal test.

Or if the ESA medical report states that the claimant can walk 200 metres without severe discomfort that could be grounds for refusing an award of higher rate mobility DLA.

So, your member may well be correct, unfortunately - though that doesn't mean that she can't appeal successfully.

Steve

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

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13 years 8 months ago #23064 by Christina Young
Replied by Christina Young on topic Re:ESA rejection - DLA linked?
It's as I feared Steve, thanks for that response. It's useful to keep up to date through this forum.

Chris x

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13 years 8 months ago #23074 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA rejection - DLA linked?
This very subject was discussed in another thread, and the OP has today said that the DLA award was reinstated albeit at a different rate.

The thread in question can be read HERE.

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