A Regulation 29

After a 6 week rest from trying to sort things out I am back. The tribunal allowed my appeal on the grounds of - insufficient points scored to meet the threshold for the Work Capability Assessment, but regulation 29 of the ESA regulations 2008 applied. Particulars : Brain damage with resultant intellectual compromise.

Still awaiting to hear anything from DWP etc.

At the tribunal, (not fully taking in what they were saying at the time) they recommended the department not contact me within 24 months, enabling things for me to improve. I thought this comment was directed to the problems I have with my back/spine etc, but by looks they were referring to my Brain damage, which will never improve.

I have been placed in the work related activity component - should I not be in the support group.

so confused

I am afraid that regulation 29 puts you into the WRAG rather than the support Group.

One of the main facets of the welfare Reform Bill is that claimants will face regualar reassessments. The argument is that people can adapt to their limitations even though their conditions might be unchanged. ESA can be reassessed at any time from 3 months after the original decision up to 3 years at most. The Tribunals are trying to stop the 'revolving door' situation of claimaints getting a decision in their favour at appeal but getting another ESA50 soon afterwards. However, the tribunal recommendation is not binding on the DWP so, in practice, they can still reassess whenever they like

You are not able to take this any further unless you can find an 'error in law'. The first step would be to get a Statement of Reasons from the tribunal service. However, this would also be sent to DWP so there is a chance that they would find something that they could appeal against too.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

This is a specialist area so you will need expert advice. I believe that Legal Aid is still available, for those who are eligible, for appeals to the Upper Teir.

thankyou for the reply. I know these rules and regulations are put in place for a reason - but they are so confusing.

Am I able to re-claim again as my problems are never going to go away or do I wait for re-assessment. For example for the last 19 years one of my many problems after a very bad RTA is back problems, which have finally being identified (thanks to a great physio and doctor) I have facet hypertrophy, 2 de-hydrated discs with annular tears and lateral recess stenosis with compromise to the nerves on the right side. I was told last yesterday that nothing can be done, apart from trying to manage the symptoms. I was told that under not terms should I stand or sit in anyone position for more than 20 mins etc.

Sorry to ask questions but I am not sure on who, how or where to sort this all

If you can show that your condition has worstened since the date of the first decision, you can contact DWP and ask for a 'supersession' which would start the reassessment process. Don't forget that DWP will be looking at your limitations rather than diagnosis. The onus would be entirely on you to show the worstening of your condition and that it dates to after the first decision.

Otherwise, all you can do is wait for reassessment I'm afraid.