Advice please DLA severe disability premium

JRad

Let me apologise in advance, but any answers I can give you will be constrained by the knowledge that you already have an advisor with full access to your papers.

I am assuming that there has been a deterioration in your condition(s) since the appeal was lodged, this being the case, I can understand why a new claim may have a greater degree of success.

Whilst a failed ESA claim can have a knock on effect to your DLA claim, this is not always the case.

I am afraid I am simply not in aposition to advise whether you should follow your advisors suggestion to withdraw your appeal or not.

If you do, then this would be at no fault to you, so you will not need to re-pay the ESA Assessment payments you have already received.

With regard the Severe Disability Premium, this is payable as long as you meet the requirements and are receiving Income Related ESA, even at the Assessment rate, so there should be no impact on any back payments regarding this, however, if you withdraw your appeal, payment would cease until a new ESA claim was made.

If you decide to go ahead with the appeal, I would suggest you have a read of our appeal FAQs

www.benefitsandwork.co.uk/appeals-faq

and the following fact sheet

Disability Rights UK Factsheet - Appeals and reconsiderations

Best of luck

Gordon