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TOPIC: Interaction between ESA and DLA

Interaction between ESA and DLA 5 years 10 months ago #83481

I am severely affected by ME and have 3 specialist consultants reports stating my condition is most likely to be permanent.

I have appealed against the decision to put me in the WRAG. The Atos report (written without a face - face medical) directly contradicts the extensive medical evidence I sent in. I have provided medical evidence, from more than one HCP, that specifically addresses the descriptors, esp those relating to mobility. The evidence also stresses my inability to carry out functions repeatedly and reliably.

I was speaking to someone at JCP today and she was more interested in my DLA award. She told me that HRC for DLA meant automatic entry into the SG. The implication that LRC and MRC weren't enough to get a claimant in the SG.

I asked about the discrepancy between the Atos report and my medical evidence but all I got was the party line about the Govt and DWP not wanting to write off anyone who could do some kind of work. Apparently this is a good thing even for someone who has no stamina and has to spend nearly all of the day resting in bed to undertake minimal personal care.

I am very concerned by this,it appears that as far as the DWP are concerned the Atos report and the DLA award are much more important than the medical evidence I have submitted.

Is this the experience of others too?

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Re:Interaction between ESA and DLA 5 years 10 months ago #83485

Daisy wrote:

I am severely affected by ME and have 3 specialist consultants reports stating my condition is most likely to be permanent.

I have appealed against the decision to put me in the WRAG. The Atos report (written without a face - face medical) directly contradicts the extensive medical evidence I sent in. I have provided medical evidence, from more than one HCP, that specifically addresses the descriptors, esp those relating to mobility. The evidence also stresses my inability to carry out functions repeatedly and reliably.

I was speaking to someone at JCP today and she was more interested in my DLA award. She told me that HRC for DLA meant automatic entry into the SG. The implication that LRC and MRC weren't enough to get a claimant in the SG.

I asked about the discrepancy between the Atos report and my medical evidence but all I got was the party line about the Govt and DWP not wanting to write off anyone who could do some kind of work. Apparently this is a good thing even for someone who has no stamina and has to spend nearly all of the day resting in bed to undertake minimal personal care.

I am very concerned by this,it appears that as far as the DWP are concerned the Atos report and the DLA award are much more important than the medical evidence I have submitted.

Is this the experience of others too?


Hi D,

I am afraid that you have been mis-informed.

No award of DLA for Care or Mobility, will give a claimant automatic entry to the Support Group of ESA, or indeed an automatic entitlement to ESA in either group, WRAG or SG.

As you have appealed and provided evidence, there is a chance that the decision may be changed in your favour at the automatic reconsideration stage.

This is carried out by a different DWP DM.

If not, it will be sent forward to the Appeals Tribunal Service.

bro58

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