will failing my esa affect my dla appeal

Hi
I have my Dla appeal looming up in 4 weeks..I have spinal cord injury..
I scored nil points at atos esa medical...:O
Can this have affect on my DLA appeal???
needless to say I am also appealing this decision and i have been given blue badge as my Dr wrote letter to support this...???Strange world of the sick n disabled..
Thanks for any light on this..

carole wrote:

Hi
I have my Dla appeal looming up in 4 weeks..I have spinal cord injury..
I scored nil points at atos esa medical...:O
Can this have affect on my DLA appeal???
needless to say I am also appealing this decision and i have been given blue badge as my Dr wrote letter to support this...???Strange world of the sick n disabled..
Thanks for any light on this..

Hi C,

We have heard of ESA "fit for work" decisions triggering DLA reviews.

The DWP Decision Maker can use any evidence in front of him/her to come to a decision on an award of DLA, this could include an ESA Medical Report.

This could be of influence where something in the ESA Medical Report directly contradicted an award of DLA.

DLA is an "in work" benefit though.

If the DWP were to use any evidence obtained in your ESA assessment in your DLA appeal, you would have to be made aware, and should receive copies of all evidence that is going to be used, in your "Appeals Bundle"/Evidence Pack from the DWP.

bro58

Thanks Bro my bundle does not include ESa reports so Hopefully that Neanderthal atos medical will not be brought up
Thank you

Hi Carole

It can work in both ways i failed my esa with only 9 points and was going to tribunal but i was placed in the support group the week before the tribunal. I was very concerned about this as my DLA was due for renewal at the same time amd i was conccerned they would look at my initial medical for ESA and it would go against me. My award for DLA was increased at renewal and it stated that my ESA medical had in fact been taken into account but obviously they looked at everything and increased my award on all the evidance available not just my failed ESA medical!!!

Good luck
Millymoo xx