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dla esa appeal cancelled
- george
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12 years 8 months ago - 12 years 8 months ago #86799 by george
dla esa appeal cancelled was created by george
I had my Esa and dla appeal today , but before i was due to enter i was told my appeal had been cancelled due to the Dwp requesting that my mobility part of my dla was also to be included in my appeal . i was not appealing to this as i receive the highest component . i was just appealing to the care component for which i receive the lowest rate . i have a extensive report from my doctor ,and in his opinion i should be getting either the middle rate or highest part to dla , and because he put “ i can walk 50 yards, but manages to walk about with support from medication “ the dwp worker at the appeal picked this up and wanted my mobility part removed . my doctor explained to me “ he knows how much pain it causes and he explained to me that i can walk 50 yard with medication with pain. and because the letter didn't state the last part . i need to return . Im in pieces now .what advice could anyone give me
Last edit: 12 years 8 months ago by slugsta.
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- slugsta
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12 years 8 months ago #86807 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:dla esa appeal cancelled
I am afraid that you always run this risk when you ask for your claim to be looked at again. All I can suggest is that you try to get your doctor to clarify his statement about your ability to walk.
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- george
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12 years 8 months ago #86811 by george
Replied by george on topic Re:dla esa appeal cancelled
forgot to say . when i had my esa medical the doctor also stated . i could not walk without severe pain . doesnt that help ?
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- Gordon
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12 years 8 months ago #86815 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:dla esa appeal cancelled
george wrote:
If you have not already done so, you should check the DLA claim guides with regard to the mobility component and the DLA Appeal guide, see
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Gordon
The DLA mobility test is based on you experiencing severe discomfort, whilst there is no formal definition of what this is, case law states that it is less than severe pain, so if this was noted by the ATOS doctor in their report, then it is something you can use at the Tribunal when it is re-convened.forgot to say . when i had my esa medical the doctor also stated . i could not walk without severe pain . doesnt that help ?
If you have not already done so, you should check the DLA claim guides with regard to the mobility component and the DLA Appeal guide, see
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Gordon
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- george
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12 years 8 months ago - 12 years 8 months ago #86816 by george
Replied by george on topic Re:dla esa appeal cancelled
Thank you Gordon . will have a good read tomorrow . had bad day . kind regards george
Last edit: 12 years 8 months ago by slugsta.
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