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  • taratara
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12 years 2 months ago #80891 by taratara
help was created by taratara
hi just asking if someone went to a dla tribunral and was turned down then was told 6 months later after a esa medical they had to go to work whitch they can not will the appeale board for the esa claim use information in the dla tribunral this is what i think has been done they passed on the form he did it useing your site then he had a medical she said every thing should be ok then a letter saying no he has now appealed he had medical evidence ot assesment but still said no at the dla tribunral they said they did not think he was as ill as he says he was again not true but its bad enough to take dla now income support we are living on 95 for two of us for a week even if he fails at the trubunral he still can not work what would he do then has this happened to anyone

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12 years 2 months ago #80899 by Gordon
Replied by Gordon on topic Re:help
taratara

There is some overlap in criteria between DLA and ESA is limited, primarily mobility and continence.

We have heard of DLA claims being effected by an adverse ESA report, but have yet to hear of an ESA claim being effected by a DLA report.

As your friend has appealed they should have received, or will receive a pack of evidence from the DWP which they have submitted to the Tribunal Service. If a DLA report has been used, it will be in this evidence packet.

Gordon

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  • taratara
  • Topic Author
12 years 2 months ago #80983 by taratara
Replied by taratara on topic Re:help
thankyou for your reply all that was sent was a letter stating he had to claim job seeker or appeal he filled it in it ststed that he could walk over 250 meters ect but he can not and he told them at the medical and on the form however in september last year he lost his dla because a dwp officer said he followed him walking ect he never but the tribunral went in favour of dwp he had medical reports ot reports his doctor can not believe it even welfare officers is shocked so now he feels that no matter what evidence he sends they will still believe what was told at tribunral wefare adviser says they should not he dont no what to think

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12 years 2 months ago #80986 by Gordon
Replied by Gordon on topic Re:help
taratara

The Tribunal Service is independant of the DWP being part of Her Majesty's Courts and Tribunals Service.

Gordon

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  • taratara
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12 years 2 months ago #80990 by taratara
Replied by taratara on topic Re:help
so are you saying that anything used at the dla tribunral can not be used at the esa tribunral dont understand

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12 years 2 months ago #80992 by Gordon
Replied by Gordon on topic Re:help
taratara wrote:

so are you saying that anything used at the dla tribunral can not be used at the esa tribunral dont understand

No, if the DWP wish to include DLA reports as part of the evidence they present to a Tribunal regarding an ESA claim. then they can.

That said, I am not aware of an instance where this has happened.

If they have used a DLA report, then it will be in the evidence pack that your friend has/should receive(d) from the DWP as their submission to the Tribunal Service.

So if they have used a DLA report, your friend will know because he will have been sent a copy of it. If it is not in the evidence pack, then the DWP are not using one, and cannot use one, as all of their evidence must be included in this pack.

Hope this explains it.

Gordon

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