dla appeal

hello members i would like to ask for advice i submitted a claim for dla i was refused the only evidence they took was from my gp and my form the reason they gave was that i could walk 100 metres in reasonable fashion this is contradictory to what i stated which was 30 metres they also stated i could prepare and cook a meal again contradictory to what i had stated i asked for the claim to be looded at again i was refused dla this time they stated i could walk 50 metres in reasonable fashion and again that i could prepare a meal i had not been asked to attend a medical my drs report in no way conflicks with my statement so they have made these decisions without any evidence i have applead and now they want to send a dr on a 160 mile round trip to do an assessment at home maybe i am paranoid but i think they are trying to find evidence to justify there decision finally i had a atos medical 2 weeks ago in connection with my transfer from invallidy to esa do they really need another medical and should i tell the office dealing with the dla that i have had this medical sorry for the long winded posting

paul1151 wrote:

hello members i would like to ask for advice i submitted a claim for dla i was refused the only evidence they took was from my gp and my form the reason they gave was that i could walk 100 metres in reasonable fashion this is contradictory to what i stated which was 30 metres they also stated i could prepare and cook a meal again contradictory to what i had stated i asked for the claim to be looded at again i was refused dla this time they stated i could walk 50 metres in reasonable fashion and again that i could prepare a meal i had not been asked to attend a medical my drs report in no way conflicks with my statement so they have made these decisions without any evidence i have applead and now they want to send a dr on a 160 mile round trip to do an assessment at home maybe i am paranoid but i think they are trying to find evidence to justify there decision finally i had a atos medical 2 weeks ago in connection with my transfer from invallidy to esa do they really need another medical and should i tell the office dealing with the dla that i have had this medical sorry for the long winded posting

Hi P,

Have you read all the DLA guides that can be accessed from this link?. :

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

DLA & ESA are totally different benefits, with totally different qualifying criteria.

Can you be sure that information on your recent ESA Medical report would actually help your cause re : DLA?.

Have you requested copy of your ESA Medical Report, to scrutinise it, if not I would recommend that you do so.

The DWP have been known to use information from an ESA medical report, as evidence in deciding a DLA claim, or vica versa, especially if there is conflicting evidence to qualification of said award.

Hope this helps.

bro58

thankyou bro 58 i have not yet recieved my esa decision so perhaps it would be wise not to go down that route i really wanted to know if after appealing they could ask for a medical as i cant find the answer in any of the guides

paul1151 wrote:

thankyou bro 58 i have not yet recieved my esa decision so perhaps it would be wise not to go down that route i really wanted to know if after appealing they could ask for a medical as i cant find the answer in any of the guides

Hi P,

The DWP DM can request that you have a medical to gain evidence that will be used in making a decision on an award.

bro58

thanks bro 58 i dont want to be a nuisance but if the dwp states they have enough information to decide your claim i was under the belief that if you appeal they look again at the evidence to see if they can change the decision if not it goes to the appeal board i have read nothing that states they can obtain more evidence if after the first decision i was not happy and insisted they carry out a medical i can imagine there response i know they were wrong in there decisions i dont believe they read my forms i was advised that each decision maker has to look at 20 30 assessments each day and that they just dont have time to read them properly in my case there was so many glaring mistakes

paul1151 wrote:

thanks bro 58 i dont want to be a nuisance but if the dwp states they have enough information to decide your claim i was under the belief that if you appeal they look again at the evidence to see if they can change the decision if not it goes to the appeal board i have read nothing that states they can obtain more evidence if after the first decision i was not happy and insisted they carry out a medical i can imagine there response i know they were wrong in there decisions i dont believe they read my forms i was advised that each decision maker has to look at 20 30 assessments each day and that they just dont have time to read them properly in my case there was so many glaring mistakes

Hi P,

I understand where your coming from, however at reconsideration stage your case will be looked at by a totally different DM to the original one that made the adverse decision.

It will probably be this new DM that has requested the medical.

If your case goes forward to appeal it will be up to you, or your rep, if you have one, to prove that your own evidence qualifies you for an award of DLA.

bro58