DLA TRIBUNRAL omg

Has anyone else had to go to a DLA tribunral the thing is I keep getting refused every time , last time I didn't bother to appeal but this time I thought why not I suffer from Essential tremors , vertigo and depression and they just refused me flat....... oh and the thing is they said on my appeal papers there looking at my esa medical and the thing is the doc didn't even give me a a medical like she stated on the papers what I told them at my esa tribunal appeal, she didn't make me bend or jump etc and how did she say i didn't have the shakes even though i submitted a specialist letter saying I did lol...
What are these people, my doctor was just amazing .....

I have had to edit your post. SEE THIS THREAD. :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=65957#65957

bro58

Hi IC,

If there are any discrepancies on a medical report, it is best to challenge the report with ATOS ASAP.

An errant ESA medical report, can be damaging to a DLA claim and vice versa.

Many members have had similar problems.

The important thing is to show that your limitations and disabilities resulting from your conditions fit the criteria for an award of DLA.

Have you looked at all the DLA guides in the orange MEMBERS ONLY area on the left?.

There are also guides on claiming ESA there.

bro58

Hi lilliecat

Welcome to B&W.

In addition to bro's response; in order to qualify for a component of DLA, you have to have needs that require help from another person. It is not enough to show that you have a medical condition.

Therefore you will need to show, for example, that due to your vertigo, you may fall and that you need help getting back up (if this is the case). And so on for your other conditions. You do not have to get that help, just show that it is needed.

The B&W guides give help with completing a claim form and how to appeal.

As DLA and ESA are seperate benefits, and your case has been heard, you could consult an Advice Agency to see if you are able to appeal the first tribunals decision, to an upper tribunal. You will not be able to appeal to an upper tribunal, just because you disagree with the first tribunals decision, but e.g. they made an error in law.

From what other B&W members tell us it seems that DLA Tribunals are using ESA reports, especially the panel doctors to decide DLA cases. And your ESA report was unhelpful to your case for DLA.

I hope this is of help.

Kind regards

Michael

One thing I'm finding difficult to grasp is how an ESA medical can be used for a DLA assesment. I thought that each benefit had a different criterea, DLA is about your care needs whether you work or not and ESA is about if you can work or not.
Regards
Peter

Egon Peter Hopkinson wrote:

One thing I'm finding difficult to grasp is how an ESA medical can be used for a DLA assesment. I thought that each benefit had a different criterea, DLA is about your care needs whether you work or not and ESA is about if you can work or not.
Regards
Peter

Hi EPH,

You are correct regarding the differing criteria.

However, this problem is occuring when something contradictory to an award of DLA appears in an ESA medical report, or vice versa.

For example if an HCP writes in an ESA medical report that you have little trouble walking, or something of that ilk, that could be used as evidence by a DM in deciding on an award of DLA Mobility Component.

Hope this clarifies things.

bro58

Egon Peter Hopkinson wrote:

One thing I'm finding difficult to grasp is how an ESA medical can be used for a DLA assesment. I thought that each benefit had a different criterea, DLA is about your care needs whether you work or not and ESA is about if you can work or not.
Regards
Peter

Hi Peter

As well as most members and mods on here, I couldn't agree with you more. IMO its absolutely wrong and quite ridiculous, if a Tribunal simply base their decision on an ESA claim.

Whilst its said that a DM can use any evidence he/she likes in deciding a claim, I can't see how this applies to a Tribunal.

Regards

Michael