Help re DLA / ESA caint take anymore!

Hi M3,

I am surprised that the DWP manager that you spoke to used the term “Adjudication Officer” this term has not been used for several years. They are now known as Decision Makers (DM).

As Gordon rightly advises, making a complaint will not change the decision, this could be done as a separate issue, if you are unhappy with the way that your case is dealt with, see :

Complaining to the DWP

Sending Documents to the DWP or ATOS

My suggestion of putting your arguments across over the phone was on the premise that you managed to speak to a DM, which is sometimes possible.

I am obviously unaware on which ESA descriptors you were awarded the 18 points by the Tribunal, but just to give you an idea of where the DLA qualifying criteria differs with ESA. The ESA “Mobilising” descriptor not only includes walking, but also the use of a manual wheelchair unaided. For DLA it is only “Walking” for the mobility component. These are the type of things you should be looking for, you can then point them out to the DM, where applicable.

Also the ESA assessment is a “WORK” Capability Assessment” (WCA), DLA is awarded for “Walking” limitations and Care Needs. DLA is an “in work” benefit, (You can work and receive it) ESA is not.

Of course, the main issue in your appeal is to reiterate how and why you qualify for either/both of the DLA Components.

If your G.P. is supportive, which it looks like he is, this can only help. You may also wish to enlist the support of your M.P. many members have and found it helpful, see :

Contacting your MP

Hopefully you will receive a positive outcome at the automatic reconsideration stage, therefore avoiding a lengthy wait for an appeal hearing. Please keep us informed.

bro58

Hi Bro58 and Gordon

Thank you for all your info last few week. The whole situation still on going.

Regards DLA I rang them and they could not tell me they had recieved my renewal form. I sent my form special delivery where you can track it on post office website and although showing delivered on 2 Nov, I was really worried as I`v heard nothing from them. All they could advise me was if it was showing delivered then they must have it. But I was also told nothing was on the system as there had been a move around in the office. I was then told to give it another week and call back if still not heard.

Also in regards to my ESA, they received that form on 17 Nov and I received a phone call from Atos at 5pm last night to attand a medical on 17th Dec I said, as a reasonable Adjustments for my disability I wish to have my medical recorded as information I gave at my last assessment was not documented and I ended up at a tribunal in June 2012. Also I require a chair with arms on and I dont want to be left waiting as per the last appointment. The Atos person said he would email my request. When I recieve that I`m I best writing to atos again re my adjustments for my medical assessment.

I`v had some health set backs and my GP had to increase my medication, i`v not told my GP yet that I`v rec`vd my next medical due with Atos, but I will show him the letter and ask for help as he feels I`m not strong enough to deal with Atos at the moment.

My GP did ring the local MP, who is waiting for my information re my situation.

Hi Gordon

Recently had confirmation letter re ESA medical assessment for 17th Dec, so I will write back as you suggested which I think is an excellent idea.

Re DLA finally recieved a letter dated 24th November received today, advised they received my appeal on 2 November. It also says if I`v not heard from them in eleven weeks to get back in touch with them!!!

Keep you posted on both.

Thank you for your continued support.

Meg