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- DLA supercession - lost my mobility allowance
DLA supercession - lost my mobility allowance
- DRAGON2009
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I feel that you have a arguable case with a firm diagnosis of a debilitating condition and if your situation has not changed since your original award in terms of distance after which you are compelled to rest by fatigue.
It may also be helpful to tell your GP or any other healthcare workers if they are clearly supportive of you. However, as I mentioned before you need to see the ESA report (who knos what it says, it could be it says you 'copes well with stick at present' or some such thing) and to get the independent advice in your locality
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- Gordon
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CIB/1639/2009 which supported that ‘there are dangers inherent in trying to impose the conditions of entitlement to one benefit on another’ and held that medical evidence obtained in connection with one benefit when used for a claim or appeal for another benefit ‘must, however, always be viewed in the context of the evidence as a whole and must be used with particular caution, bearing in mind that the legislative framework will inevitably be different.’
Stephen
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- Survivor
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- Crazydiamond
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- Posts: 2022
I found this on another site, sounds like it might be relevant to this and similar threads.
CIB/1639/2009 which supported that ‘there are dangers inherent in trying to impose the conditions of entitlement to one benefit on another’ and held that medical evidence obtained in connection with one benefit when used for a claim or appeal for another benefit ‘must, however, always be viewed in the context of the evidence as a whole and must be used with particular caution, bearing in mind that the legislative framework will inevitably be different.’
Stephen
Do you know if there is a hyperlink for this Upper Tribunal decision?
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- Gordon
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- Posts: 51288
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Crazydiamond
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- Posts: 2022
Commissioner Pacey (as he was then) actually made a decision which was different in many aspects, when dealing with the cross-reference of IB/DLA medical reports in my own case. As the two decisions were five years apart, he appears to have resiled somewhat in deciding that there may be grounds to do so, whereas previously he had expressed doubts.
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