ESA to boost DLA

nuttytart0200

Hi, new to this I was awarded DLA lowest rate care about 2ish years ago, unfortunately my condition of osteoarthritis of the facet joints has worsened and I am having to leave work. I aplied for ESA and was initially awarded the basic contribution rate for the fist 13 weeks. I had a medical booked and was ready for it when a letter arrived stating the medical was no longer needed! So I rang ESA and he stated that I had been placed in the support group and the medical wasn't needed because my questionnaire had enough evidence to put me in the support group, so all is well there.
My question is, can I use the evidence from the ESA to boost my DLA award i.e. get the mobility component?

Please help

Thanks
Carol

rogerblack

You cannot directly use the fact you're awarded ESA for DLA - it's irrelevant.
However, the evidence gathered for ESA may apply to the DLA claim.
It sounds like that at the moment, this would be little more than your claim form. Did you also supply documents from your GP?

You can't get low-rate mobility, as that is reliant on being unable to find your way.
You can get high rate, in principle for severe arthritus if it results in you being unable to walk more than a few yards without severe pain.

If your care needs have not changed, then this will not alter your ESA award.
If you are awarded medium rate or above care, then your ESA may have a disability premium added to it.
Do you live alone?

Muttleythefrog

I would first establish what the evidence exists in your ESA claim. You didn't have a face to face medical which means probably that ATOS HC who are the DWP's medical advisers regarding ESA will have had a Healthcare pro (HCP) give an opinion on you in relation to the Work Capability Assessment (WCA) criteria. The document that probably exists will be an ESA85A and you can request it from DWP. THere is a possibility that an ESA113 also may exist.. this is a GP form that ATOS HC sometimes will request be completed by your GP if they feel they need more facts but perhaps not a face to face medical. What you'll probably find is that there is minimal relevant evidence if any at all (except perhaps in your own evidence supplied on ESA50)... the ESA85A if it exists is likely to give very little information other than the Support Group descriptor(s) that the HCP felt was appropriate and give a basic justification as to why it applies. If the desciptor(s) relates to mobilisation outdoors or getting to places then it may be of evidential use regarding DLA mobility component argument. If you decided to advance your case regarding DLA then you have probably two options.. asking for a supercession on the basis of deteriorating health i.e. change of circumstances... or re-applying for DLA from scratch. I would advise getting your own supporting medical evidence from HCPs involved in your situation... evidence that is directly relevant to DLA criteria. Both options carry risk of losing the entitlement you currently have... although you may feel that a risk definitely worth taking given your current low award. As Roger eludes to, MRC or HRC could potentially kick in severe disability premium (if other circumstances apply) which is significant.