form ESA50

hi just before my ESa tribunal which i won and was put into support for 2 years i received a new ESA50 form to fill in do i have to fill this in because it says on the letter from the court it says not to be reassed for 2 years i havent heard anything from the DWP about being put into the support even though the court emailed them that day to say i had been put in there

Hi shelly,

It might be worth contacting DWP to check whether you need to go ahead with completing the new form. You will need to ask for a call-back from a supervisor in order to speak to anyone with any autonomous capacity. Unless you are told, in writing, that this is not necessary then I'm afraid that you should get the form completed and submitted in time.

ESA is actually an indefinite award and the time until reassessment does not form part of the decision. The tribunal are only able to recommend, DWP do not have to abide by that recommendation.

The tribunal may make a recommendation such as they recommend that the Department (the DWP) doesn't reassess someone for 2 years but the DWP don't necessarily have to abide by that recommendation.

AaronL wrote: The tribunal may make a recommendation such as they recommend that the Department (the DWP) doesn't reassess someone for 2 years but the DWP don't necessarily have to abide by that recommendation.

Indeed. If they do, they count from the date of the original decision rather than that of the tribunal.

so not too contact Atos who sent the form but DWp somewhere else i didnt know this im not sure what the point of going through all the stress of a tribunal if they dont have to take the judges word and what if i fill in the form could they put me back into the WRAG because of form im getting quiet confused now

It is DWP who initiate the reassessment, that is why you need to contact them. ATOS cannot actually make any decisions themselves, they have to follow what DWP tells them to do regarding reassessment.

The Tribunal has overturned the decision to put you into the WRAG but the length of the award does not form part of that decision so DWP make up their own mind about that.

Everyone will be reassessed at intervals and each reassessment will review the case from scratch. There are 3 possible outcomes each time - 'fit for work', ESA WRAG or ESA Support Group. So I'm afraid that it is possible for you to be put into the WRAG at reassessment, or even to be found 'fit for work'.

The Tribunal decision will run from the date of your original decision up until the date of the decision regarding your reassessment.