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Worrying about losing esa and dla

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12 years 9 months ago #85974 by slugsta
Replied by slugsta on topic Re:Worrying about losing esa and dla
You are very welcome.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Karlo
12 years 9 months ago #85975 by Karlo
Replied by Karlo on topic Re:Worrying about losing esa and dla
I hope all goes well for both the op, chrissy and mrs hurtyback and indeed anyone awaiting the results of a medical.

Currently in my area The Midlands people are waiting on average two and a half months on average to hear the outcome.

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12 years 9 months ago #85976 by chrissy v
Replied by chrissy v on topic Re:Worrying about losing esa and dla
Thank you, i think because we may have a very similar condition i feel that i can relate to you and you understand my pain.
:)

Chrissy

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  • MRNicholas
12 years 9 months ago - 12 years 9 months ago #86838 by MRNicholas
Replied by MRNicholas on topic Re:Worrying about losing esa and dla
Gordon wrote:


Whilst it may appear differently, the majority of ESA claims are dealt with fairly and correctly.

Gordon


What?
Last edit: 12 years 9 months ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 9 months ago #86849 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Worrying about losing esa and dla
It's true what Gordon has stated. In the forum we tend to hear mainly from those with unsuccessful claims.

For those who are turned down, on appeal there is between a 40 to 70% success rate.

The 40% success rate is what the DWP claim, but this is disputed by the CAB who claim
from cases they handle there's a 70% success rate.

In my opinion, the main reasons for failure are down to poor quality medical reports by Atos Health Care professionals, poor quality decision making and claimants not seeking medical evidence from their GP and/or Consultant to rebut Atos reports.

Many claimants are unaware that it is up to them to prove that they are entitled to benefit and not for the DWP to prove that they are not.

The issue of poor decision making has been criticised by many, including a former President of the Tribunals Service, HH Judge Michael Harris, and the influential Social Security Advisory Committee. Both have recommended, 'inter alia' that Decision Makers should have personal contact with claimants rather than just relying on files.

Not sure how far this has progressed, although I suspect not very much due to the massive amount of new legislation the current Coalition Government have introduced with the Welfare Reform Act 2012 with Decision Makers receiving little or no training on this.

If you read the Benefits News section of the site, it will keep members updated on the current situation and any changes that may have to made.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 9 months ago - 12 years 9 months ago #86859 by Tilly
Replied by Tilly on topic Re:Worrying about losing esa and dla
In my experience it seems it was down to mistakes and misreporting:
DLA - No award; DM's reasons for decision showed that the DM had overlooked my primary condition. There was no sign of my primary condition on the DM's paperwork. I appealed (pointing this error out) and went from no award to HRC and HRM without having to go to tribunal.
ESA - have been turned down. In thge reasons for decision the DM states what the Atos nurse has reported and what the Atos nurse has apparently reported is clearly contradicted when the audio recording of the medical is listened to. E.g. It is reported that I spend up to 3 hours a day on the computer with short breaks. On the recording you hear me say I spend about 3 hours on the laptop over the course of a day and use it in bed if I cant use it at the desk or some days not at all.
Last edit: 12 years 9 months ago by Gordon.

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