ESA/DLA appeal

[karen***]

I am currently still waiting for a new date for my adjourned DLA & ESA appeal. They wanted a copy of my medical records that they received in the middle of last month, they received limited information from DWP. I rang them today and they said they are STILL waiting for information from DWP they can't (or won't) tell me what this information is.

 

I have rang, written and emailed various departments to try to chase up information ...DWP not helpful, i should know i worked for them for 8 years. Incapacity Benefit (which i won an appeal back in November) advised me that I do not have to have another medical for at least 3 years (part of the appeal won process??) The question i have is ......Should i continue with the ESA appeal, there seems no point as it will make no difference to my financial situation. I just feel that i am taking up time that could go to someone else, The tribunal told me in a letter that they have to set aside 1 hour for both appeals but i only really need the DLA one. When i received the first letter from appeals about my ESA appeal i rang both the tribunal and DWP to say that as i had won my IB appeal i did not want the ESA appeal, both told me to still claim "as it would save a medical when we migrate" the judges are not happy at this at all they feel used and let down that the DWP are using the appeal process to decide on a claim that had not yet been made.

[Nystagmite]

I'm slightly confused:

 

Are you saying that you failed your IB medical, put in a claim for ESA, failed the medical, won IB tribunal and am now waiting for a date for ESA?

[karen***]

Yes, basically that is what happened. But as i said i tried to cancel the ESA appeal as i was receiving IB after failing getting 0 points and after the appeal had 30. Those good old atos drs.

[Nystagmite]

Given that you've won IB and can't receive both, I'm confused as to why the appeal wasn't cancelled.

 

both told me to still claim "as it would save a medical when we migrate"

 

But your disability may change between now and when you migrate - that won't help you at all then.

[karen***]

Your as confused as me. In total i have tried to cancel the ESA appeal, including when i was at the tribunal, 3times they advised to check with IB before i cancelled it. You would think that the amount of appeals and the length of wait people have they would have bitten my hand off when i wanted to cancel it.

As for my disability it will get worse. i am already experiencing the effects that my specialist told me i would.

[karen***]

I finally got my date today 9th January, they waited 3 months for DLA to send them some information regarding my appeal but as it was only adjourned for GP reports what was the hold up. I am stressed, depressed and angry, which from past experience will worsen my condition. I decided to write to them to cancel my ESA appeal as you where right my disability will have changed, for the worse- my specialist told me this.

Where do i go from here i dont feel that i will be able to go on for a further 3 months, bearing in find that i was told i should recieve a date sometime Sept-Oct. This has dragged on since 2009 would it be worth me applying for DLA again as obviously my condition has worsened since 2009.

Any advise/help appreciated. x

[Nystagmite]

I would reapply for DLA.

[karen***]

I took your advise and tried to re-apply for DLA i was told that unless i had a different diagnosis or my care needs had changed from when i originally applied (the one that was turned down) it would automatically be refused as there is an appeal outstanding on it. i received the paperwork that the tribunal has been waiting for since July it is 2 lines stating that they did not know that i had been medically retired, although i told them AND it is in my most recent claim form......Think i will just let the appeal go cos i feel that i am pi**ing in the wind.