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TOPIC: appeal has been turned down :-((

appeal has been turned down :-(( 5 years 11 months ago #72702

My DLA re consideration appeal has been turned down really don't know if I can take any more stress and worry of going through a independent tribunal !!! I went for my ESA medical would that go against my DLA? I am still awaiting to find out if I can get ESA ! :-(((

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Re:appeal has been turned down :-(( 5 years 11 months ago #72704

cde11 wrote:

My DLA re consideration appeal has been turned down really don't know if I can take any more stress and worry of going through a independent tribunal !!! I went for my ESA medical would that go against my DLA? I am still awaiting to find out if I can get ESA ! :-(((


Hi cde,

I'm sorry to hear that your adverse DLA decision was not changed at the reconsideration stage.

DWP DM's have used ESA Medical reports in evidence when coming to a decision of award of DLA, and vica versa.

This may or may not be the case with your DLA reconsideration.

It may be worth waiting for your ESA Award Decision, and then requesting copy of your ESA85 medical report, and any other evidence used to come to the decision.

Many members do go forward to successfully win their appeals at the Tribunal Hearing, so try not to be to negative.

Further you could yet find that your ESA85 is beneficial to your DLA Appeal, you won't know until you see it.

As your DLA appeal is now going forward to the Tribunals Service, you should receive a bundle of documents that should tell you what evidence was used in the DLA reconsideration.

If you don't receive this, then you could make written request for the information.

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58.

Re:appeal has been turned down :-(( 5 years 11 months ago #72706

Thanks, am trying to be positive about it just don't understand how they can take your DLA from you when a medical conditions hasn't changed !! any way I can keep my car for another 6 mths they will support me until next may which is a relief . I have read my medical reports which back up my condition I was seen in pain clinic today so they are fully aware of what has happened and are backing me up :-)

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