Why medical evidence is essential to win your ESA or DLA appeal

Employment and Support Allowance (ESA) is awarded when claimants have medical problems that prevent them from being able to work. Disability Living Allowance (DLA) is granted when claimants need extra financial support to help deal with a disability.

Almost all refusals of these benefits arise from a ‘medical assessor’ finding, following a short interview with each claimant, that they do not have sufficiently serious problems to stop them from working or seeking work, or that the disability claimed does not actually exist. However, some of these ‘medical assessors’ are not doctors.

When we prepare an appeal against refusal of these benefits we always ask the claimants’ GP for a report. Unfortunately many doctors are extremely busy and some do not see it as an important part of their job to complete the long assessment form or provide a comprehensive report. We always chase the doctor for a full report and query any inconsistencies or omissions.

Often the doctor’s report will disclose that there has been other medical intervention by, for example, an occupational therapist and in these circumstances, we will also obtain this evidence.

The appeal tribunal has to decide the case on the evidence. The Department for Work and Pension’s (DWP) evidence consists of the assessor’s report complied after conducting their short interview. If the claimant’s evidence is a well-written comprehensive medical report from a doctor, who has known and treated the patient for many years, then it is highly likely that this evidence will be preferred and the appeal will be won.

Find out how we can help you with your appeal by calling 020 8986 8336 or contact us 

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