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community legal advice (angels in disguise)

11 years ago•3 Replies

Before christmas i phoned cla for help compaining about my dla appeal as the powers that be turned me down for my dla renewal.A lady by the name of hannah spoke to me and asked me to explain why the dwp had came to their decisssion, which i did mainly that they had based thier decission on my claim pack and the medical report from the esa (which falls under a totally different ctiteria) a couple of days later a letter of complaint came through my door all i had to do was sign the letter and send it off,so i did and to my suprise because the dwp had NOT taken any of my medical information i supplied to the from the various specialists i supplied them with they have back tracked from having my claim looked at again (twice i might add) to sending a doctor to my house for a home medical??? and now they have fast tracked my esa tribunal to 22nd of this month. but now im left pondering if this was a blessing in disguise as i have not had a date for my home medical and if they are going to turn me down for my dla again based on my esa decission. CONFUSED

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terence1

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3 Replies

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Gordon5711 years ago

I'd be tempted to tell them you can't make the 22nd and have it rescheduled as you're anticipating the home visit by the doctor and need to keep your diary free for that as it's important and could even have a bearing on the tribunal.

I don't know if CLA can help with a nice letter to point out that the ESA and DLA claims may be treated as separate but the medical would have implications on both - and they are paying for it...! Ideally, you want all the assessment and medical stages to be completed so as not to cause conflict.

terence111 years ago

I did speak to my case worker at community legal advice and she suggested that the 2 claims might conflict each other.But because my 2 hours of free advice had ended and i now have to fill in legal advice forms before she can help me any further hopefully these papers will come this week so she can continue to help me.Another suggestion she made was to take all medical evidence to the tribunal to force them to adjurn my case so i'm in a bit of a predicament as to what to do next since the lovely people at the dwp have not sent me any further information as to when my home medical will be i think they are trying to link the 2 together aswell. I was also advised to inform the tribunal service i could not get all the medical evidenceto them 7 days before my tribunal and i need it to be adjurned anyway VERY CONFUSED AS WHAT TO DO NEXT

Gordon5711 years ago

I think you've answered it yourself, if you don't have the medical evidence 7 days before then advise the tribunal you need an adjournment and wait for a new date.

I don't know if the BLF helpline can assist at this stage, give them a try on 03000 030 555, or contact DIAL in your area, see scope.org.uk/dial

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