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ESA and dla
- Dianne5
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- Gordon
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Unfortunately, the DWP will often use the report from a failed ESA medical as evidence in relation to a DLA re-assessment.
As you failed to overturn the ESA Decision at appeal, it unlikely that you can de-value the report now, I am assuming that you never lodged a complaint to ATOS regarding the content.
Positive things to think about, this is now an old report, your DLA re-assessment should refelct your condition as it is now, which from your post, has declined in the interim.
You have an oppportunity to present up to date medial evidence of your own.
If the report is used, you still have an opportunity to disagree with its content and your condition(s) as they are now.
I am afraid I don't understand your reference to "I have been told I have to give up my job in December if I want to still claim", have you made a new claim for ESA?
Gordon
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- Dianne5
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- Gordon
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Forgive me but I am still confused about your ESA, in your original post you say your transfer from IB to ESA failed, and that this was confirmed at a Tribunal.I did lodge a complain with atos but they just sent a letter saying that basically their examiner was within the guidelines even tho everything in the report was wrong. The ESA rang me and said that I either carry on with my 8hr job and get no benefit or resign from my job and they will carry on with the ESA claim or just earn £20. I am in the process of renewing my dla and I am so worried that it isn't going to go through because of the ESA medical which was completely wrong. Many thanks dianne
Have you made a new claim for ESA?
If so, was this successful or are you still waiting for a Decision?
Whilst substantially the same, the rules for Permitted Work on ESA are different from those that applied to IB.
Gordon
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- Dianne5
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- Gordon
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Have you had a medical on this this new claim for ESA? If so, then this should supercede the previous negative report.Hi sorry to be confusing yes tribunal was denied then I made a new claim in July of this year which still hasn't been sorted out yet no decision made I have taken first tribunal to upper tribunal. I am waiting to hear what group if any they put me in this time. I am really worried about this and how it's all going to end up this time my condition will never get better as consultant has said so if they say I can work full time then don't know what to do as cant physically do it I try my hardest now with 8 hrs which I can only just handle with a lot of support from my employer. Thanks
Gordon
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