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new DLA claim - can it affect existing ESA claim ?
- lizalex123
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12 years 7 months ago - 12 years 7 months ago #88322 by lizalex123
new DLA claim - can it affect existing ESA claim ? was created by lizalex123
Hi
I hope you can help.
My hubby has claimed ESA for a few years now ( firstly was in WRA & now in Support group )
He is now thinking about making a claim for DLA. But he is really worried that if he doesn’t get DLA – that this might affect his existing ESA in some way.
I have searched but cannot find any evidence online to reassure him
Can claiming for DLA (whether you get it or not) affect an existing ESA claim?
Many thanks for reading
Liz x
I hope you can help.
My hubby has claimed ESA for a few years now ( firstly was in WRA & now in Support group )
He is now thinking about making a claim for DLA. But he is really worried that if he doesn’t get DLA – that this might affect his existing ESA in some way.
I have searched but cannot find any evidence online to reassure him
Can claiming for DLA (whether you get it or not) affect an existing ESA claim?
Many thanks for reading
Liz x
Last edit: 12 years 7 months ago by Gordon.
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- Gordon
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12 years 7 months ago #88325 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:new DLA claim - can it affect existing ESA claim ?
LL
Unfortuately a failed ESA claim can result in a DLA claim being re-assessed, although the liklihood, statistically, is quite low. I'm not aware of this happening where an ESA claim was successful, but this does not mean it could not happen.
Whilst the two benefits are seperate, there are areas of overlap, for example, mobility and incontinence. Issues typically arise because of inconsitencies between the two claims, that said, I do know claimants who have used a DLA award to successfully support an ESA claim, so the situation works both ways.
I would suggest you have a look at our ESA claim guides to see how well your husband meets the criteria, before you make a decision, see
www.benefitsandwork.co.uk/help-for-claimants/esa
You might also want to see if you can get a second opinion, see
Where to get advice?
Gordon
Unfortuately a failed ESA claim can result in a DLA claim being re-assessed, although the liklihood, statistically, is quite low. I'm not aware of this happening where an ESA claim was successful, but this does not mean it could not happen.
Whilst the two benefits are seperate, there are areas of overlap, for example, mobility and incontinence. Issues typically arise because of inconsitencies between the two claims, that said, I do know claimants who have used a DLA award to successfully support an ESA claim, so the situation works both ways.
I would suggest you have a look at our ESA claim guides to see how well your husband meets the criteria, before you make a decision, see
www.benefitsandwork.co.uk/help-for-claimants/esa
You might also want to see if you can get a second opinion, see
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lizalex123
- Topic Author
12 years 7 months ago #88332 by lizalex123
Replied by lizalex123 on topic Re:new DLA claim - can it affect existing ESA claim ?
Thanks Gordon
Does that also work the other way round as he already gets ESA?
You say "Unfortuately a failed ESA claim can result in a DLA claim being re-assessed" can a failed DLA claim affect an existing ESA claim ?
thanks again
Does that also work the other way round as he already gets ESA?
You say "Unfortuately a failed ESA claim can result in a DLA claim being re-assessed" can a failed DLA claim affect an existing ESA claim ?
thanks again
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12 years 7 months ago #88344 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:new DLA claim - can it affect existing ESA claim ?
lizalex123 wrote:
Gordon
In theory yes, but I have never heard of it happening, the descrriptors for ESA are far stricter than those for DLA, so it is for example, posible to qualify for DLA mobility and fail the ESA mobilising test.Thanks Gordon
Does that also work the other way round as he already gets ESA?
You say "Unfortuately a failed ESA claim can result in a DLA claim being re-assessed" can a failed DLA claim affect an existing ESA claim ?
thanks again
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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