Use of DLA award letter notification re ESA appeal

While I’m well aware of the cross fertilisation of DLA/ESA has anyone had any experience of using notiifcation letters eg re low mobility to persuade DWP that descriptors 18C/D of the limited capability for work assessment should apply,

Thanks in advance,

Toby

When ever I have tried following this route the response from DWP is usually along the lines of “DLA is a different benefit to ESA, and as such has totally different qualifying criteria. Therefore evidence relating to DLA is not relevant to ESA”.

Funny how they manage to refuse DLA applications based on ESA medical reports then. One rule for DMs, another for us!

If you are succesful, would be grateful to see your argument.

I’ve not yet persuaded DWP to revise negative WCA decisions on that basis, but have used DLA awards to back up WCA appeal subs fairly successfully.

I will inform people of further developments but suspect that it may not be very persausive but that the Lower Tribunal would like to have their expertise confirmed by the award of a certain rate of DLA -I don’t think it would give them an eureka moment,

Toby

I have been successful once with this approach but it was at the initial GL24 stage.

A DLA award notice alone doesn’t really constitute ‘evidence’.  However,  I have, on several occasions, made successful use of an EMP report which was obtained by the DWP in connection with a DLA claim, to support an IB/ESA appeal.

I had an ESA WCA appeal last week, my annoyance was that client was awarded DLA HRM four days before failing WCA (awarded using claim form and GP report), anyhow this was raised in my sub - tribunal was 6 minutes long, three short questions and 15 points for walking descriptor.