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ESA FAIL AND WORRIED RE DLA

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7 years 11 months ago #160124 by Debbie
ESA FAIL AND WORRIED RE DLA was created by Debbie
Hi. I'very just joined today. I have recently failed my esa medical. I appealed the MR but got a letter today saying they haven't changed their mind. Looks like I need to appeal again now

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7 years 11 months ago - 7 years 11 months ago #160130 by slugsta
Replied by slugsta on topic ESA FAIL AND WORRIED RE DLA
Hi Debbie and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

The criteria for ESA are very different from those for DLA. After all, it is entirely possible for a claimant to be on high rate DLA and yet work full time. We have never seen a failure to award one benefit triggering removal of the other. However, as you seem to have been under the age of 65 in April 2013, you will be 'invited' to claim PIP at some stage in the future.

Please make full use of our resources to help with your appeal

ESA claims and appeals

ESA mandatory reconsiderations and appeals


You might want to bookmark/favourite this on your web browser now so that you can find it easily in future. This will allow you to return with further questions/comments without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by slugsta.

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7 years 11 months ago #160141 by Debbie
Replied by Debbie on topic ESA FAIL AND WORRIED RE DLA
Hi thank you I've saved to favourite now. I'm worried that ESA automatically contact DLA to inform them I failed my medical. Although my walking is the only area on examination that I got 6 points for and she erote ' cannot repeatedly walk more than 200 metres without stopping to avoid significant pain and exhaustion" I'm on high rate mobility. No care component & was given it indefinitely. I'm also on an ill health pension so worried that if they force me to work it will have an impact on my pension. I presume I'm not allowed to work with an ill health pension? I'm now on JSA and have to search for jobs but wont this effect my pension, which is a NHS pension. Thanks

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7 years 11 months ago #160159 by Gordon
Replied by Gordon on topic ESA FAIL AND WORRIED RE DLA

Debbie wrote: Hi thank you I've saved to favourite now. I'm worried that ESA automatically contact DLA to inform them I failed my medical. Although my walking is the only area on examination that I got 6 points for and she erote ' cannot repeatedly walk more than 200 metres without stopping to avoid significant pain and exhaustion" I'm on high rate mobility. No care component & was given it indefinitely. I'm also on an ill health pension so worried that if they force me to work it will have an impact on my pension. I presume I'm not allowed to work with an ill health pension? I'm now on JSA and have to search for jobs but wont this effect my pension, which is a NHS pension. Thanks


You should be OK, the ESA test is not a walking test as PIP is, it also considers your ability to self propel a manual wheelchair. It may be that your walking is limited to less than 50m but your ability to propel a wheelchair is greater.

As to your pension, it will depend on the terms & conditions, so we can't comment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Debbie

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7 years 11 months ago #160167 by Debbie
Replied by Debbie on topic ESA FAIL AND WORRIED RE DLA
Thanks Gordon. So ESA don't automatically inform DLA? Just very Worried. Not sure if I should appeal ESA decision if I have to go through a medical every year. So stressful. Can I appeal about this aldo and request every 3 years or do you have to have a medical every year

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7 years 11 months ago #160169 by Gordon
Replied by Gordon on topic ESA FAIL AND WORRIED RE DLA

Debbie wrote: Thanks Gordon. So ESA don't automatically inform DLA? Just very Worried. Not sure if I should appeal ESA decision if I have to go through a medical every year. So stressful. Can I appeal about this aldo and request every 3 years or do you have to have a medical every year


If you feel that the Decision is incorrect then you should certainly consider appealing, I'm afraid the length of the award is not part f the ESA Decision and cannot be challenged, reassessment dates for the Support Group range from six months at the lower end to three years at the upper.

See Mrs H's post for links to our Appeal guides.

Gordon

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

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