Effect of ESA on DLA

Just a brief query about effects of ESA on DLA review.
I am due for DLA review soon have been on MRC and HRM for some years.
Made WRAG of ESA without medical and without my GP being queried i.e. solely on paperwork. I am considering appealing to be put in suport group.
However, as ESA seem to have ignored my contention that I have issues with transfering from one seated position etc and also I didnt get into support group on mobility descriptors I wonder if this would affect my upcoming DLA review?
I ask this as ESA uses the wheelchair ploy when assesing "mobilising" whereas DLA doesn't ( Am I correct)..
I think there can be little doubt that I am limited to less than fifty metres with a stick or aid so I dont see a problem here providing DLA are still using the old criteria.
Also , as I understand it DLA still looks at ability to get in and out of a chair unassisted as opposed to transsferring from one seated position to another. Am I correct in this?
I got HRM last time on being virtually unable to walk and MRC as I need help with dressing ( lower body) toilet needs including getting on and off it, moving around indoors and also help with bathing as well as needing frequent help in getting in and out of a chair.
I guess what i am asking is have they altered the descriptors greatly over the last three years or so?

micksville wrote:

Just a brief query about effects of ESA on DLA review.
I am due for DLA review soon have been on MRC and HRM for some years.
Made WRAG of ESA without medical and without my GP being queried i.e. solely on paperwork. I am considering appealing to be put in suport group.
However, as ESA seem to have ignored my contention that I have issues with transfering from one seated position etc and also I didnt get into support group on mobility descriptors I wonder if this would affect my upcoming DLA review?
I ask this as ESA uses the wheelchair ploy when assesing "mobilising" whereas DLA doesn't ( Am I correct)..
I think there can be little doubt that I am limited to less than fifty metres with a stick or aid so I dont see a problem here providing DLA are still using the old criteria.
Also , as I understand it DLA still looks at ability to get in and out of a chair unassisted as opposed to transsferring from one seated position to another. Am I correct in this?
I got HRM last time on being virtually unable to walk and MRC as I need help with dressing ( lower body) toilet needs including getting on and off it, moving around indoors and also help with bathing as well as needing frequent help in getting in and out of a chair.
I guess what i am asking is have they altered the descriptors greatly over the last three years or so?

Hi MV,

As far as I am aware the qualifying criteria for DLA has not altered in recent times.

Our DLA Claims Guides here :

DLA Guides

Are current and up to date.

There is also a section on DLA in our :

FAQ’s

DLA still assesses "walking" ability, where as ESA is "mobilising" as you correctly state.

The only thing that you should be aware of with regards to the ESA assessment, and possible implications of this on DLA, is that the DM can use any evidence available in coming to a decision on an award of DLA.

This could include a recent ESA medical assessment.

Especially if comments in an ESA report contradicted limitations/care needs that may qualify a claimant for a DLA award.

If you remember yesterday, on discussing requesting your ESA medical reports, I stated that it may be a good idea, even if you were not going to appeal, so that you could contest any errant information.

bro58

Thanks bro yes I requested the ESA85a this morning over the phone and I will follow that up with a written request this week. They said that it should be with me within a few days ( surprised if thats true)..I assume also that the descriptor regarding problems with getting in and out of a chair is still relevant to DLA as opposed to transferring from a seated position as in the ESA descriptors. Or is there an overlap here?
Thing that puzzles me is that my GP supplied a supporting letter ( for upcoming DLA review) which stated among other things " he also has difficulty with getting in and out of/transferring from a chair".Which is true.
I sent a copy of this with the ESA evidence even though it was written with regard to the DLA review which is coming hot on the heels of the ESA transfers.
It would appear that the DM and ATOS have made their decisions on the paperwork supplied as I was told over the phone that they didnt require further evidence from my GP. therefore they seem to have believed or assumed some of what I said and disbelieved or disregarded other aspects of what I said - which is why I am pondering appealing to be placed in the support group. Until I se what points I scored and why it's all a little vague.

Also Bro could I contest any info I see as errant even if I dont appeal? Is that what you're saying? For eg if I am deemed to be able to mobilise 200 metres or more and I write , upon receipt of the ESA85a, saying I beleive this to be untrue,, what happenes than? Do they just do a reconsideration?

micksville wrote:

Thanks bro yes I requested the ESA85a this morning over the phone and I will follow that up with a written request this week. They said that it should be with me within a few days ( surprised if thats true)..I assume also that the descriptor regarding problems with getting in and out of a chair is still relevant to DLA as opposed to transferring from a seated position as in the ESA descriptors. Or is there an overlap here?
Thing that puzzles me is that my GP supplied a supporting letter ( for upcoming DLA review) which stated among other things " he also has difficulty with getting in and out of/transferring from a chair".Which is true.
I sent a copy of this with the ESA evidence even though it was written with regard to the DLA review which is coming hot on the heels of the ESA transfers.
It would appear that the DM and ATOS have made their decisions on the paperwork supplied as I was told over the phone that they didnt require further evidence from my GP. therefore they seem to have believed or assumed some of what I said and disbelieved or disregarded other aspects of what I said - which is why I am pondering appealing to be placed in the support group. Until I se what points I scored and why it's all a little vague.

Hi MV

I refer you back to my previous comments on DLA, and our DLA Claims Guides.

bro58

micksville wrote:

Also Bro could I contest any info I see as errant even if I dont appeal? Is that what you're saying? For eg if I am deemed to be able to mobilise 200 metres or more and I write , upon receipt of the ESA85a, saying I beleive this to be untrue,, what happenes than? Do they just do a reconsideration?

HI MV,

You could either contest the content of the ESA Report, as part of an Reconsideration/Appeal, or you could complain to ATOS as a seperate issue.

See :

Complaining to ATOS.

Atos Healthcare
4 Triton Square
Regent's Place
London
NW1 3HG

Or alternatively at :

This email address is being protected from spambots. You need JavaScript enabled to view it.

bro58