Hi guys, anybody got any good case law for using medicals for one benefit to refuse another - I expect I'm going to be getting quite a few of these... DLA appeal as refused due to information used in ESA medical. I want to say it's not appropriate, not same tests etc. but I'd like to back it up

See CIB/1639/2009. Although the commissioner's comments on this issue are strictly obiter he does cite, with approval, CSIB/60/96.

thank you, I really appreciate that - I'm going to use this:

"The statutory framework in relation to the personal capability assessment is, however, materially different: there is no counterpart of regulation 12. I remind myself that in CSIB/60/96 the Commissioner (as he then was) made it clear (paragraph 19) that there were considerable differences between regulation 12(1) of the DLA Regulations and the Incapacity for Work Regulations. He went on to say that “I accept the adjudication officer’s submission that Commissioners’ decisions relating to the definition of the circumstances in which the conditions of entitlement for disability living allowance mobility component are satisfied have no direct bearing per se on the question as to whether the all work test is satisfied. I am not satisfied given the different context of the phrase in respect of the different regulations for different benefits that it is safe to rely in respect of incapacity credits on definitions which had been formulated for mobility allowance and disability living allowance”. (See also paragraph 18 of that decision). I have no hesitation in agreeing with those views and in my judgment CSIB/60/96 remains good law. As the Secretary of State’s representative rightly says there are dangers inherent in trying to impose the conditions of entitlement to one benefit on another."

And, crucially, the main difference between DLA and ICB for walking is that "virtually unable to walk" is not to be taken as to mean distance walked until the first stop (R(DLA) 4/03) whereas for ICB it is (unless severe discomfort comes first).