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Please help DLA medical and E&A medical

  • Amelia
  • Topic Author
12 years 2 months ago #80513 by Amelia
DLA awarded 2yrs ago,mobility high, care middle even tho I have been ill for 6yrs,claimed E&A same yr was declined, income based,didnt care about this it was only to pay NI to help with my State pension,Im 58yrs, received forms again and March 2011 went for 1st Atos medical, E&A declined again, but then the shock letter that my DLA has been declined as well.After a call I was informed it was on grounds of the medical of E&A.I asked for copy of this report and shocked again as was given 0 score, and many thats untrue an falls.Very upset I have sent letters and calls to both but am only worried about the DLA that declined again. I appealed against this decision in Nov 2011.Last week had medical but was told its for E&A on the day of visit.I was better prepared this time, paid £30 for medical reports from hospitals to present. Called DLA yesterday to find out that I have to go for separate medical for them.
They dont except the one for E&A,Im very upset now, the DLA declined my claim on the E&A medical in the first place, now the 2nd one is not excepted, Its still Atos, same building, door, chair, examaner, Ive just seen.I believe strongly that it will be positif medical outcome I've done.I can hardly walk or move,diagnosed with Neuralgia, permanent nerve damage form Shingles I had in 2005,Degenerated disks thoracis to lumbar, Fibromylgia,Oesteo-arthritis, and osteopenia,Pain clinic result is that the flare-ups has now become constant pain and unfortunately its going to get worse,take amitriptylene, Trammadol and Pregabalin,I am not claiming any other benifits and dont know much about these issues, pleas can you help.

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12 years 2 months ago #80571 by Gordon
Replied by Gordon on topic Re:Please help DLA medical and E&A medical
Amelia

Unfortunately there is no way you can avoid having different medicals for ESA and DLA as the underlying criteria are very different.

That said, I'm not sure why you are having another ESA medical as your post suggests you have only applied twice and both of these claims were declined.

The following FAQs may be of help

ESA Medical – What to expect

DLA medical examination

How to submit an appeal

How long do I have to appeal?

Our DLA Appeal guides are on the following link

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

and our ESA ones on this

www.benefitsandwork.co.uk/help-for-claimants/esa

If you have a specific question, please reply to this thread.

Gordon

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

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  • Amelia
  • Topic Author
12 years 2 months ago #80585 by Amelia
Replied by Amelia on topic Re:Please help DLA medical and E&A medical
Thank you for reply. When I received claim form last yr from ESA, I called and asked why as I am not claiming any benifits and not interested thankyou.I am upset with them because of their medical in March my DLA was declined, As I did appeal at DLA and waiting, Atos called me and asked for the medical. On this day I was informed its for E&S, I thought it was for DLA. Called the DLA next day and asked if they are using this medical and was informed no..thats whats so confusing to me...Im wondering now if there isn't a dispute between E&S and DLA going on about my situation that E&S needs prove that their 1st medical I attended and scored 0 was correct, thats defo not the case, its totally wrong, and DLA now wants their own medical team to see me. I just dont know and am very stressed, thats not good for my condition. Is this possible?

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12 years 2 months ago #80595 by Gordon
Replied by Gordon on topic Re:Please help DLA medical and E&A medical
Amelia

I am afraid the scenario you raise in your post is unlikely in the extreme.

I am sorry :) but I still don't understand why you are attending a medical for ESA if you are not attempting to claim the benefit!

With regard to your DLA, you need to show that the ESA medical report that they used to remove your DLA is in error. You can do this by showing how you actually meet the ESA criteria.

Can I suggest that you seek advice from your local CAB or Welfare Rights office. See

Where to get advice?

Gordon

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

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