Better to plough ahead or withdraw appeal?

Hmm, claimant has an ESA appeal at the end of November. He has mental health problems and a back injury. You’ve guessed it - IB migration no points. GP not willing to provide evidence - maybe because this claimant has had little medical input for years, other than amitriptyline repeat prescriptions.

The family are no better off if he wins the appeal as it will lead to a cESA award - so their income will be continue to be topped up to Income Support levels (with carer premium and dis premium). He is pursuing it as a matter of principle (and NI credits but ...)

Customer clearly has mental health problems - but he went through the system 10 years ago (psychiatrist, physio, back specialist) and no longer has any input other than his wife’s support. I’m struggling to find any source of evidence about his problems other than his statement, and his wife’s.

He has DLA low mob, mid care for “life”.

I’m wondering what you good people think - I suspect DLA may be reviewed soon, just a hunch. As we know the decision makers have been referring to the ESA medical reports. Is it better to have challenged the ESA decision and quite likely lose, or to withdraw before a Tribunal looks at it? Or doesn’t matter the least.

I know there’s arguments that the medicals refer to different benefits and subsequent criteria – and it’ll be a different time of decision, but it’s in my mind that how we proceed re ESA may affect DLA.

Is this just a Friday afternoon query that I’ll regret in the morning?

Thanks. Liz

I agree, it’s a difficult one. I can never remember how to do links to threads, but see ‘Tribunal puts ESA appellant’s DLA in jeopardy’ on the decision making & appeals board (31/8).

The lack of supportive medical evidence isn’t in itself, fatal to his appeal of course. If he seems to meet enough of the descriptors to potentially attract sufficient points for the appeal to succeed and if he is a credible witness the appeal may well succeed (which could only be helpful in relation to challenging any subsequent DLA decision) but on the other hand, there’s undeniably a risk of opening a can of worms by continuing. If he withdraws I doubt his DLA award will be revisited until he is reassessed under PIP (but, of course, there’s no guarantee of that either).

I think all you can do is make sure he is fully aware of the pros and cons of both options so he can make an informed decision.

1964

The easiest way to do a link is to get the page up that you want, right click on the address in the address bar, click copy, then open up the document you want to add it to and then click paste.

Thanks Nevip!

I shall try to remember. I still get excited on the odd occasion I manage to successfully cut & paste. I fear I was well & truly behind the barn door when technological ability was handed out…

Staying off subject for a moment I find that with technology you pick things up simply by messing around with it.  Trial and error.  It’s nothing to be frightened of.

Thanks 1964 - I’m going to visit the claimant this morning and, as you say, will lay out the options available. Thanks for pointing out the other thread - it was helpful to read that other people have experienced this link between ESA and DLA at appeal. I recently had an ESA appeal adjourned whilst they get a copy of the DLA claim.

I’m also going to suggest that this may be a good time to go back to his GP and have his condition(s) reviewed - for health reasons (is he getting the care/treatment needed) but also thinking that we may need some evidence at a future stage (at least an up to date diagnosis) - though I wouldn’t advise mentioning this second reason to the GP!

Cheers, Liz