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DLA rejected based on outdated ESA Medical Report
- Leste
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11 years 7 months ago - 11 years 7 months ago #111802 by Leste
DLA rejected based on outdated ESA Medical Report was created by Leste
I have just received my bundle of papers from the DWP concerning my submitted DLA application (with evidence) from 9 April 2013.
My DLA Application was initially rejected in June 2013. The letter from the Decision Maker based her decision purely on the Medical Report for ESA which occured in June 2012 !!! The additionall evidence that I submitted including exchanges from my Gastroenterology Consultant and Oncology Consultant with my GP, from the regular consultations, examinations and procedures I attend and even internal photos of me.
I have decompensated cirrhosis of the Liver, and metal plates in both my lower legs which I suffer terribly from that severely restricts my walking ability before I to stop in extreme pain.
There are numerous other complications that are ongoing related to my cirrhosis and have been admitted into hospital twice in the last year. So I decided to request a reconsideration on the basis that I was not offered a face-to-face medical and that the DM had not considered ALL the evidence that I submitted, but solely based his/her decision on an outdated ESA medical report.
My condition is deteriorating, and even the DM admits this, but contradicts herself by saying that I'm clinically improving. There is so many contradictions in that report.
A letter I received from the DWP in August 2013 apologised for the delay in the DLA decision as they were awaiting a report from my Gastro Consultant AND my GP.
The papers supplied DOES NOT include the GP Report AND computer generated printouts have been edited.
My question is I have read that DMs have said that ESA is decided on a completely different set of rules than DLA is and vice-versa. So how can a DM make a decision on DLA based on an ESA Medical Report, which is based on a different set of rules (by their own admittance) than DLA is based?
My DLA Application was initially rejected in June 2013. The letter from the Decision Maker based her decision purely on the Medical Report for ESA which occured in June 2012 !!! The additionall evidence that I submitted including exchanges from my Gastroenterology Consultant and Oncology Consultant with my GP, from the regular consultations, examinations and procedures I attend and even internal photos of me.
I have decompensated cirrhosis of the Liver, and metal plates in both my lower legs which I suffer terribly from that severely restricts my walking ability before I to stop in extreme pain.
There are numerous other complications that are ongoing related to my cirrhosis and have been admitted into hospital twice in the last year. So I decided to request a reconsideration on the basis that I was not offered a face-to-face medical and that the DM had not considered ALL the evidence that I submitted, but solely based his/her decision on an outdated ESA medical report.
My condition is deteriorating, and even the DM admits this, but contradicts herself by saying that I'm clinically improving. There is so many contradictions in that report.
A letter I received from the DWP in August 2013 apologised for the delay in the DLA decision as they were awaiting a report from my Gastro Consultant AND my GP.
The papers supplied DOES NOT include the GP Report AND computer generated printouts have been edited.
My question is I have read that DMs have said that ESA is decided on a completely different set of rules than DLA is and vice-versa. So how can a DM make a decision on DLA based on an ESA Medical Report, which is based on a different set of rules (by their own admittance) than DLA is based?
Last edit: 11 years 7 months ago by Gordon.
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11 years 7 months ago #111806 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA rejected based on outdated ESA Medical Report
Leste
You are correct that many of the areas of ESA and DLA do not overlap, unfortunately Case Law states that it is reasonable to use an ESA medical report for DLA, the key point is that it must be reasonable, have a look at the following which covers this subject in more detail.
www.cpag.org.uk/content/never-twain-shal...-dla-decision-making
Gordon
You are correct that many of the areas of ESA and DLA do not overlap, unfortunately Case Law states that it is reasonable to use an ESA medical report for DLA, the key point is that it must be reasonable, have a look at the following which covers this subject in more detail.
www.cpag.org.uk/content/never-twain-shal...-dla-decision-making
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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