Failed ESA medical, so failed DLA??

Hi everyone,

Recently gone from Support Group ESA to 0 points and Fit for Work after a recent medical assessment. Have just completed the GL24 appeal form, as many wrong assumptions have been made about what I am able to do and sent off more medical evidence and letters etc.

Before I knew the outcome of the assessment, I completed a DLA form and sent off. However I've had a letter to say I am not entitled to any level based on the information in the claim form, medical evidence sent and my recent medical assessment for ESA.

As the ESA assessment has given me 0 points, I assume they think I have no problems and so failed the DLA.

What do I do? Do I re-apply with a better form (didn't know about B and W when I sent it off)?

If I appeal, will I have to go to two tribunals? One for ESA and DLA or do I wait to hear from the ESA appeal first?

Any help greatly appreciated

Charlotte wrote: Hi everyone,

Recently gone from Support Group ESA to 0 points and Fit for Work after a recent medical assessment. Have just completed the GL24 appeal form, as many wrong assumptions have been made about what I am able to do and sent off more medical evidence and letters etc.

Before I knew the outcome of the assessment, I completed a DLA form and sent off. However I've had a letter to say I am not entitled to any level based on the information in the claim form, medical evidence sent and my recent medical assessment for ESA.

As the ESA assessment has given me 0 points, I assume they think I have no problems and so failed the DLA.

What do I do? Do I re-apply with a better form (didn't know about B and W when I sent it off)?

If I appeal, will I have to go to two tribunals? One for ESA and DLA or do I wait to hear from the ESA appeal first?

Any help greatly appreciated

Hi C,

You could request all documentation used in coming to the DLA decision. :

DLA Medical – What forms to ask for?

This may include the ESA85 Medical Report from your 0 points ESA assessment that was referenced as evidence used by the DM.

You could also request copies of all ESA documentation used in coming to the 0 points decision. :

ESA medical – what forms to ask for?

ESA Forms

Both the DLA and ESA documentation can be requested using a SAR :

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

From this page :

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

This will then give you some idea of how the ESA85 had a negative affect on your DLA claim.

There is an ESA Appeals Guide on this page :

ESA Claims Guides

And a DLA Appeals Guide on this page :

DLA Guides

See also :

Disability Rights UK Factsheet - Appeals and reconsiderations

Appeals FAQ’s

If you wish to be entitled to payment of Assessment Rate ESA whilst your ESA appeal is ongoing, you will have to obtain a MED 3 "fit note" from your G.P. to cover you from the active date of the fit for work decision. This must be sent to the DWP, (keep copy) as well as submitting your ESA Appeal.

Sending Documents to the DWP or ATOS

See also :

DM Guide AA & DLA :

www.dwp.gov.uk/docs/dmgch61.pdf

DR UK DLA & AA :

www.disabilityrightsuk.org/f23.htm

DLA FAQ’s

&

ESA FAQ’s

It has been known for Tribunals to hear an ESA appeal along side a DLA appeal, but this is not a common occurrence.

You could either appeal The DLA decision, or make a fresh claim, that is up to you.

bro58

Hi bro58,

Thank you for your help and links.

If I make a fresh claim, how soon can I do this after my original claim was turned down?

I would include more evidence and examples in the form this time using the advice from this website, but would it look odd appyling again and not just appealing?

Not sure I can cope with two appeals though right now...

Thanks

Charlotte wrote: Hi bro58,

Thank you for your help and links.

If I make a fresh claim, how soon can I do this after my original claim was turned down?

I would include more evidence and examples in the form this time using the advice from this website, but would it look odd appyling again and not just appealing?

Not sure I can cope with two appeals though right now...

Thanks

Hi C,

You can make a fresh claim for DLA straight away if that is what you choose to do.

Don't forget though that if you do appeal. and provide more compelling evidence, you will first receive an automatic reconsideration by a different more senior DWP DLA DM. Only if you are unsuccessful at this stage would your appeal be sent forward to The Appeals Tribunal Service.

Of course, you will also have to take into account the timing of any fresh claim, as to whether your claim would be considered under DLA criteria or the new PIP criteria. :

www.dwp.gov.uk/docs/timetable-for-pip-replacing-dla.pdf

So unless you were in one of the PIP Pilot start up areas, you would have to make any fresh claim for DLA before June 2013.

All in site information on PIP can be seen from the three links below :

Draft PIP Claims Guide. (Top Link on page)

PIP information including PIP Self-Test

PIP Topic Thread in Spotlight Area

bro58

Thanks.

Not due to be in the pilot area for PIP, so if I appeal or make a new claim before June, would I still come under the DLA rules or move into PIP criteria?

bro58 wrote:

Charlotte wrote: Thanks.

Not due to be in the pilot area for PIP, so if I appeal or make a new claim before June, would I still come under the DLA rules or move into PIP criteria?

Hi C,

DLA criteria.

bro58