DLA stopped due to failed ESA medical

Hope I have put this in correct forum.

I was receiving ESA from June 2009 (mix of contributions and income related). It included Severe Disability Premium and Mortgage Interest help.

I failed the medical which was in Sept 2009,appealed and lost at Tribunal (May 2010),but did get awarded 6 points (Atos awarded 0 points).

Could kick myself for not reading this site properly to be more prepared for it, but I was awaiting a spine operation and my mind was elsewhere.

Have continued sending sick notes throughout this time.

At the time of Tribunal I was receiving DLA (high-rate mobility / middle-rate care).

Spoke to DWP, who agreed it was not appropriate for me to go on JSA as awaiting op (just had). Completed a new ESA claim and put on assessment rate again! So,thankfully, didnt have any weeks without money.However,no disability premium and don't yet know about mortgage help.

DLA been stopped altogether from ESA Tribunal date (May 2010), the reason being the failed ESA medical last September 2009. I have written to ask for a reconsideration.

Also have asked for Statement of Reason for ESA Appeal Tribunal decision.

Can anyone let me know whether my mortgage help will continue during assessment phase. Not yet well enough to spend ages on phone to them and have not received any letters (only benefit into account).

Is there anything else I can do or prepare for.Any help/advice appreciated.

You mortgage interest help will continue while you are in the ESA assessment phase, as you already received it with your original ESA claim which may be subject to a waiting period?

It is surprising that the DLA Unit have terminated your DLA entitlement on the strength of an ESA medical assessment report. ESA and DLA are two entirely separate allowances/benefits with completely different qualifying criteria. It would be like saying you can't have Child Benefit unless you receive Child Tax Credit, which is certainly not the case!

As you are dissatisfied with the decision on your DLA entitlement, it would be in your best interest to appeal the DLA decision immediately. Don't bother waiting for a reconsideration, as the chances of a reinstatement will be low and if you appeal, a reconsideration is automatically undertaken by a more senior officer.

You can submit your appeal while you are waiting for the statement of reasons from your ESA tribunal, if you are considering appealing further to the Upper Tribunal on a point of law?

Thank you for your reply.

I do agree with you regarding the reason my DLA was stopped. This is my main complaint as it states "What information we used. We considered the following information: An Incapacity medical report dated 15.09.09" and "the information from your claim pack".

The first and only claim pack I had ever filled in was dated 10.07.09 and successfully resulted in low-rate mobility and middle-rate care, which was to later be increased to high-rate mobility and middle-rate care, as my condition got worse.

As mentioned, this all stopped from date of ESA Tribunal.

I think I will follow your suggestion and appeal that DLA decision now rather than wait for the reconsideration decision.

I will wait for the statement of reason for ESA decision though as I'm unsure/a bit nervous about appealing higher (not sure my stress level can cope as still recovering from major operation).

Just am still bemused (if thats the correct word) that I can suddenly be awarded 6 points from Tribunal Judge that Atos didnt award!

At least good to know of possible mortgage help continuation, that would be a relief for me.

Thanks again and I will update if any news.

Hi all

Just a quick update on this case.

I have today received DLA reconsideration. It has been reinstated (backdated to when it was stopped due to my failed ESA Tribunal Appeal re: Atos medical decision).

Mobility still High Rate but Care reduced to Low Rate (was Middle Rate).

I already had CAB appointment booked for this week (just in case!), so will have chat with them regarding this.

I'm pleased that it took just over 5 weeks though for this decision. Compared with some people this is very quick.