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I feel so lost

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11 years 8 months ago - 11 years 8 months ago #88532 by juststu
I feel so lost was created by juststu
To cut a very long story short. Ive just recently recieved two letters, both not good.

Last year I managed to get a benefits advisor who helped me fill all the forms in for ESA with suporting evidence, included everything, and sent it off.

I have various medical problems, but i still had to go for a medical last December for ESA, and the result was I only got 6 points. I just couldn't believe it.

I just received a letter stating it could take up to 24 to 27 weeks for the tribunal to be heard. That means I have to wait til at least next January 2013.

Secondly, my DLA was up for review. and again (With help) I filled all the forms in properly. But they wrote back and they told me they had made a descision based on the medical results from the ESA medical test which I had last December and I have been awarded nothing for DLA.

My benefit advisor is taking both to an appeal. My head is in turmoil, I feel so lost.

Irn
Last edit: 11 years 8 months ago by slugsta.

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11 years 8 months ago - 11 years 8 months ago #88540 by juststu
Replied by juststu on topic Re: I feel so lost
I just wondered, has anyone else had their DLA refused on the grounds on the outcome of the ESA medical.
I've never heard of this before, and I still cant believe it
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago - 11 years 8 months ago #88547 by TCP
Replied by TCP on topic Re: I feel so lost
It seems that DLA look into your ESA claims, as I found this to be true, as they had based their original decision on information in my ESA50 and not the DLA claim form. I was able to pull them up about this and left THEM without a leg to stand on. In theory the decision should be about the claim in question but it seems that isn't always the case now.

If it's any consolation a lot of people are in the same boat. It's worth seeking as much help and advice as possible. This site has been a great source of such information. Good luck!
Last edit: 11 years 8 months ago by slugsta.
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11 years 8 months ago #88548 by Gordon
Replied by Gordon on topic Re:I feel so lost
rnbru77

It is unusual, but a failed ESA claim can be used as evidence for a DLA renewal, and if there appear to be discrepancies between the two claims, it can result in the reduction of loss of DLA.

I am afraid, your only way forward with both benefits is to appeal, as you appear to have an advisor, you should discuss the situation with them.

You are entitled to make new claims on both benefits, there may be restrictions on ESA, but again, you should discuss the implicatons of doing so, before going down this route.

Our ESA appeal guide is on the following link

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

And DLA

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

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: juststu, TCP

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