Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.

Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: ESA stopped but can work within 3 months

ESA stopped but can work within 3 months 7 years 11 months ago #66188

  • stevec
Hi, new to the site, and would like some help with an ESA issue. My daughter has a mental health problem and had her second ESA assessment on 31st July and on 18th August she was told she had zero points and ESA had stopped from 16th August. She aims to appeal and we have received the medical report. There is something odd in the prognosis section and it says 'I advise that a return to work could be considered within 3 months'. Now to me this statement implies that she is unable to work NOW but COULD be in 3 months time. So if she is unable to work NOW why has the benefit been stopped NOW? It also says 'COULD BE CONSIDERED' which does not imply that she can go back to work, only possibly. Also how can an 'Approved Disability Analyst' decide on such a timeframe? The logical extension to this statement seems to me to be that Atos could say almost everyone can go back to work sometime in the future so the benefit can be stopped now. Of course we may be misinterpreting this statement, but in any event we are not sure how to proceed with this one and how it might relate to an appeal. Can we query this one point prior to an appeal? Any ideas would be welcome.

Please Log in or Create an account to join the conversation.

Re: ESA stopped but can work within 3 months 7 years 11 months ago #66189

  • Survivor
The key thing here is that the report says "within" three months, which could be less than three months, including the situation where the claimant accrues no points at the assessment and therefore is deemed fit for work immediately. Tomorrow is within three months.

Please Log in or Create an account to join the conversation.

Re: ESA stopped but can work within 3 months 7 years 11 months ago #66193

  • stevec
Thanks. But I don't understand the three months. If she is able to work now then I would have expected a statement something like 'I advise that a return to work could be considered immediately'.

Please Log in or Create an account to join the conversation.

Re: ESA stopped but can work within 3 months 7 years 11 months ago #66194

  • RachelPotter
Hi, have a look at my thread yesterday;

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=66048

Best wishes,
Rachel :)

Please Log in or Create an account to join the conversation.

Re: ESA stopped but can work within 3 months 7 years 11 months ago #66195

  • Survivor
I think it's just a standard option on the computer system. Imagine you were designing a system, you mightn't put in an extra option for zero as well as within three months.

Please Log in or Create an account to join the conversation.

Re: ESA stopped but can work within 3 months 7 years 11 months ago #66197

stevec wrote:

Thanks. But I don't understand the three months. If she is able to work now then I would have expected a statement something like 'I advise that a return to work could be considered immediately'.

The "return to work date" is a recommendatiom, it has no legal standing with regard to ESA.

To be eligible for ESA you need to meet at least one of the conditions;

- You score at least 15 points or more with regard to the WCA tests.

- You meet one or more of the Support Group crireria.

- You meet one of the Exception criteria

So if you decide to appeal, your daughter needs to show how she meets these conditions.

A good starting point, would be to request her medical reports from your local DWP office. You should have already received an ESA65 report with the Decision letter, you can also request her ESA85 and ESA85S reports, which are produced by the ATOS "doctor".

Have a look at our ESA Appeal guide which explains the process in more detail.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.
  • Page:
  • 1
  • 2
Moderators: GordonGaryBISTraceyJayneL