Use of ESA Info in DLA Claims: DM's Handbook

[reallymadwoman]

Apologies if this has been posted before, but I didn't see it. Haven't been able to find this on the DWP site so can't guarantee it's genuine, but it appears to be.

 

http://www.scribd.com/doc/104429777/Use-of-Employment-and-Support-Allowance-Information-in-Claims-for-Disability-Living-Allowance

[count orlok]

I've heard of people losing their DLA after being cured of long term disabilities at the ATOS Miracle factories. I'm on ESA at the moment, but if I ever get called for a WCA I shall cancel my claim for ESA. I stand to lose a lot more by having a miracle cure than I do by losing ESA.

 

If the cure was real though I would go for it. Call me a cynic, but I can't see how a French IT company can cure people with long term health problems. I mean if they really could do what they claim they could run the NHS. What a bargain £40m to cure all those on the waiting lists.

 

With their help all the countries problems would disappear over night. In fact they could probably change the world for better. What a waste, their skills only being used to cure a few benefit scroungers.

Edited October 26, 2012 by count orlok

[reallymadwoman]

I bet it doesn't work both ways though - if you've deteriorated (and the report is accurate) I bet they don't automatically increase your DLA.

 

Incidentally, that version of the handbook is out of date since it refers to the original descriptors, but I can't find anything more recent.

[estellyn]

Actually this is a good guide for anyone about the WCA and what is being looked at.

[dx100uk]

where has the points checklist gone that was here?

 

http://dwpexamination.wordpress.com/a-message-to-all-spongers/

 

dx

[Simon7685]

This is a very worrying time for people who get DLA and are then found fit for work by ATOSser.

 

I get DLA HRM & LRC,

it was renewed in June 2012 for another 2 years

but I am currently being migrated from IS onto ESA and have a WCA booked for 13/11.

 

When ATOSser cures me with their miracle hands, I am really worried about DLA then deciding to use that info and stop my money.

 

They didn't send me for a medical this time but renewed my DLA from the doctors report

and part of me wonders if this was down to them knowing I was going to be assessed for ESA

and they could then use that decision to remove my DLA.

 

It is sad when you have to think like that but we know that it does go on and it really isn't right at all.

 

I wonder what the statistics are for people cured by ATOSser who then lose their DLA???

[Nystagmite]

Surely, if they use the ESA report for DLA, they should use it for the other way around? So, if you claim DLA due to not being able to communicate, you should automatically get the appropriate points on ESA too.

[Simon7685]

That would be good wouldn't it but as per usual it never works in the claimants favour does it, only if it benefits them and they can save some money.

[worried33]

to ask again sorry, if I have appealed a DLA decision can i make a new claim whilst waiting for appeal? (over year away) and if i do will I be auto rejected.

[estellyn]

to ask again sorry, if I have appealed a DLA decision can i make a new claim whilst waiting for appeal? (over year away) and if i do will I be auto rejected.

 

Yes you can make a new claim. They may refuse you off hand, but you still have the right to challenge that decision. When was your DLA refused?

[worried33]

Yes you can make a new claim. They may refuse you off hand, but you still have the right to challenge that decision. When was your DLA refused?

 

the original decision i believe was around 2 months ago now. So by refusing off hand you mean they wont treat a new claim seriously?

[reallymadwoman]

Would it be worth waiting until you get the ATOS report from your ESA assessment and try using it as evidence?

[estellyn]

the original decision i believe was around 2 months ago now. So by refusing off hand you mean they wont treat a new claim seriously?

 

As far as I'm aware, there are no time limit restrictions on reclaiming DLA, but local policy may be to automatically refuse claims within a certain period of time unless there has been a significant change in condition - however if you request a reconsideration or appeal it will be looked at properly. Not all areas do this, but if you get a refusal without them even contacting your GP, then it is likely. same used to happen with community care grants in our area - 99% of initial claims were refused, but many were paid on review.

[**Margaret**]

:worried33:

I'd defo see if there's anything useful in the ESA85 before submitting another claim for disability living. What've you got to lose?

Margaret.

[worried33]

ESA85 is ESA medical report?

 

yes I am going to ask for that.

 

Do I ring up and ask or is there a special address I can make a written request to?

[reallymadwoman]

I think if you phone DWP they will send it to you. You don't have to give a reason for asking for it.