I have been on Incapacity benefit for 9 years and was awarded both components of low rate DLA earlier this year.Recently got the ESA50 form and filled it in and sent it back about 2 weeks ago,today I got a letter asking me to make an appointment for a medical or they will make one for me!Sounds to me like they havent looked at my ESA50 form in any great detail as when my previous Incapacity reviews I didnt hear from them for months after submitting my form.I suffer from severe anxiety/depression,Psoriasis/Psoriatic arthritis,OCD and Sciatica amongst other things.Just a few questions and im sorry if its been covered before.
1)Is my DLA award in March of this year not taken into consideration as they awarded me it for 5 years or do I have to face a possible situation of DLA department awarding DLA but ESA department say im fit for work?What happens to my DLA if ESA say im fit for work?Is there grounds for appeal/legal action in this situation as one of the government departments are wrong?
Award of DLA is not taken into account for ESA claims (ridiculous as it may sound). As your DLA is already awarded, they can't take it away from you, not until the new PIP replacement which doesn't come in until 2014 and for which you must face a further reassessment.
If you're found fit for work after 9 years on IB then you should certainly appeal. You have a mix of physical and mental descriptors which should (though I'm not an expert) see you get into one of the ESA groups.
2)If I make the appointment tomorrow,how long in average until the appointment and how long after the medical until I hear the result?
That is great variable depending on where you live, how big the backlog is, things like that. You should hear the result after a few weeks at most (you should nag them until it arrives).
There is a technique for filling in the ESA50 to your best advantage - there are guides here in this forum, it may be that you didn't do yourself full justice when you filled it in. However, get as much medical evidence as you can, and have a look at the guide to how to behave at the WCA (also here?).