DLA and ESA

I wanted to ask about DLA. I had an ESA assessment on September 18th 2012 and only got 6 points. I immediately appealed and have heard very little since that time. I've sent in letters and proof of my condition but they're telling me nothing at all.
They said that I didn't have to worry because my sick note covers me until May, but that's really not the point. I don't know if they're going to reverse the decision there or take it to appeal and no one seems to be able to tell me or how long it will take to reach any decision.
Added to this, I was told by the Citizen's Advice to claim for DLA. I was turned down and they cited the assessment for the ESA in that decision. I've appealed and been sent papers to attend a tribunal but it seems they're basing the decision on that and I don't really understand how I can answer that until they give a decision on the ESA.
Also, my thanks to those who replied to my email about the forum. It's my first time here and I got very confused.

Confused wrote: I wanted to ask about DLA. I had an ESA assessment on September 18th 2012 and only got 6 points. I immediately appealed and have heard very little since that time. I've sent in letters and proof of my condition but they're telling me nothing at all.
They said that I didn't have to worry because my sick note covers me until May, but that's really not the point. I don't know if they're going to reverse the decision there or take it to appeal and no one seems to be able to tell me or how long it will take to reach any decision.
Added to this, I was told by the Citizen's Advice to claim for DLA. I was turned down and they cited the assessment for the ESA in that decision. I've appealed and been sent papers to attend a tribunal but it seems they're basing the decision on that and I don't really understand how I can answer that until they give a decision on the ESA.
Also, my thanks to those who replied to my email about the forum. It's my first time here and I got very confused.

Hi C,

If you appealed in September 2012, have you not heard anything regarding the automatic reconsideration of the fit for work decision?

If not, I would chase them up for an update, as it is a matter of approximately 5 months.

Do you have a copy of the ESA85 Medical Report, that would have been generated as a result of the face to face assessment that you had ?, as this appears to be the evidence that they are citing in turning down your claim for DLA.

If the decision is not changed at the automatic reconsideration, then you should receive an evidence pack, this should include all the documentation/evidence used by The DWP DM in coming to the adverse decision.

In the mean time you may wish to request a copy of The ESA85 medical report, and any other documentation that was used.

Not only will this give you an indication of how and why you were found fit for work, but it may also give some indication of how content of said report was fatal to your DLA Claim.

You can request the above over the phone, but it is advisable to back this up with a formal written request.

There will definitely be an ESA85, there should also be an ESA85S, and a "score sheet".

There will also be an LT54, you may wish to request all documentation used, to cover all bases.

The same goes for the DLA decision, see :

ESA medical – what forms to ask for?

ESA Forms

DLA Medical – What forms to ask for?

Appeals FAQ’s

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Sending Documents to the DWP or ATOS

bro58

No, I've heard nothing from them. I phoned telling them I had more information about my treatment and that was when they told me to put it in writing to them. They told me at that time that my sick note wouldn't run out until May so I didn't need to worry until then.

I've received a copy of the ESA85 and it is extremely inaccurate. When I say inaccurate, some of the things stated by the person doing the assessment are completely untrue. For example, she states that she pressed down on a toenail and it regained colour about 2 seconds after being pressed yet I was wearing ankle socks which were not removed. She also stated that one of my medical problems was due to a stomach problem when the hospital specialist has said it was due to an operation that cut through certain muscles.

I have asked for all documentation and they sent me a computer printout but I honestly can't make any sense of it at all. I don't seem to have a LT54 though. I also notice that there is no sign that they contacted my doctor.

So you suggest I contact them about the ESA and ask for an update? I'll also check through the links you gave me. Thank you so much for your help.

Confused wrote: No, I've heard nothing from them. I phoned telling them I had more information about my treatment and that was when they told me to put it in writing to them. They told me at that time that my sick note wouldn't run out until May so I didn't need to worry until then.

I've received a copy of the ESA85 and it is extremely inaccurate. When I say inaccurate, some of the things stated by the person doing the assessment are completely untrue. For example, she states that she pressed down on a toenail and it regained colour about 2 seconds after being pressed yet I was wearing ankle socks which were not removed. She also stated that one of my medical problems was due to a stomach problem when the hospital specialist has said it was due to an operation that cut through certain muscles.

I have asked for all documentation and they sent me a computer printout but I honestly can't make any sense of it at all. I don't seem to have a LT54 though. I also notice that there is no sign that they contacted my doctor.

So you suggest I contact them about the ESA and ask for an update? I'll also check through the links you gave me. Thank you so much for your help.

I received a letter and pack today telling me that the reconsideration for DLA took place on 12th Feb and they upheld their original decision. However, I rang them on February 11th and was then told that they were still dealing and that I should send further proof. I did so and this was received but is not included in the pack they sent to me. I rang them and they managed to find the information I'd sent them and said they'd look at that again and to ring in two weeks to find out their deciision.
I feel as if I'm going around in circles here.