ESA Support Group

Can anyone help I was on IB benefit in 2011 and I had been for about 20 years However I was sent to ATOS for reassessment in September 2012 and was found fit for work. I took my case to tribunal and was put in the support group in Feb 2014 for 2 years The tribunal awarded me ESA based on regulation 29 & 35 However none of the descriptors did not apply to me. My question is will the DWP reassess me when my 2 years are up in Feb 2016 or can they reassess me before this date Thanks

Hi,

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The 2 year recommendation from The Tribunal is simply that, a recommendation and has little standing in law.

These recommendations began to try and stop revolving door, repeat appeals.

With regards to legislation, an ESA Award can be reassessed any time after 3 months have elapsed since the date of the ESA Award Decision.

In reality, they generally stick with the prognosis of the award.

As things stand currently ESA reassessment are being deferred, this has been going on since Jan 2014, to help them work through the huge backlog.

Due to this, it is hard to say when you may be reassessed.

Have a look at : This Topic, and the posts from links provided therein.

You might also find : This Post informative.

You should also remember that as The Tribunal decision was a re-making of the adverse fit for work decision circa September 2012, that you will be classed as having been in The SG, since that date, and not just from the date of The Tribunal Hearing.

Hope this helps.

bro58