dla appeal or

bal42 wrote:

many thanks
brizboi and gordon

about 4 weeks after sending the the claim form i was refered by rheumalogist for physio treatment because medication was causing very strong side effects, to treat severe pain in my legs. also had cardio scans for angina 2 weeks ago. could these be additional evidence.(copies of these appointments and further physio appointments.

They can, but there is a "but"

First you need to have been suffering from these conditions at the time of the Decision.

Secondly, they need to have been impacting on your care and/or mobility needs at that time.

Thirdly, the letters, etc. which will obviously post date the Decision, must clearly indicate that they refer to your condition as it would have been at the time of the Decision.

The last point is less important than the first two, providing you can show the letters are contemporary to the Decision using other evidence, if not, you run the risk of them being excluded.

Gordon

brizboi wrote:

And the forward and backwards rule? Existing for 3 months prior to the date of your claim or renewal and likely to continue for at least another 6 months?

Thanks, I always forget that for DLA.

Gordon

bal42 wrote:

failure of mobility claim on review fro hrm
to no award and mrc reduced to lrc

can this decision have any effect on IB benefit, if not chellenged.i.e can this trigger IB review ???

I think it very umlikely that it will trigger an early transfer to ESA.

Part of the argument for ESA affecting DLA, is that the ESA test is more restrictive than the DLA one. Plus, both the DWP and ATOS are already snowed under with the transfer, re-assessments and new claims, so they are going to need a good reason to add to it

Gordon