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Yes to DLA but No to ESA


Evamerlot
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Hi, this is a newbie here.

Hoping someone can help.

I have chronic PTSD, recently diagnosed with substantial anxiety disorder + agraphobia + depression.

Also various medical problems incl sleep disorder, sciatica, hiatus hernia...

Made application for DLA which was initially refused - DLA used ESA medical to determine this.

I then appealed - DLA reviewed decision & stated that entitled to lower rates for Mobility (need someone to help as I get panic attacks in unfamiliar places) and Care (need someone to motivate /remind me to prepare cooked main meal).

ESA was refused - had appeal - refused again with NIL points! They failed to take into account my successful DLA application - can they do that?

They did not believe that I suffer from stress incontinence (incl bowel)even though this was mentioned in my GP letter to them (which they did not even mention in their Written Statement).

 

What should I now do? Best to appeal but then would it be a rehearing even if I win the appeal? Or should I just make another ESA application?

Many thanks,

Evamerlin:|

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No, the fact the you've been awarded DLA has no impact on an ESA decision.

 

The fact that you have stress incontinence will only score points if you empty a substantial amount of your bladder or bowel when incontinent.

 

You can only challenge a tribunal decision based on an error of law - for this you need to write to the tribunal service for a statement of reasons within one month and get a benefits caseworker to check if there have been errors of law.

 

The best thing to do at this point is if you've had the tribunal and its more than 6 months since the date of the decision, then reapploy for ESA. Even if you do challenge the tribunal decision, there is no entitlement to continued appeal ESA - so a new claim is necessary.

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Hi Leemack,

Many thanks for your reply.

 

What do you mean by "6 months from the date of the decision"?

Do you mean the date when ESA was first refused or the date of the Tribunal decision?

 

Many thanks!

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From when ESA was first refused.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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