ESA Tribunal refused

barney2k

Hi, isn't it always the same get a letter on Saturday then can't ring anyone, however everyone on here is far more helpful. So I hope you can.

I had my appeal for ESA this week having previously been assessed in Jan 13. I was placed in the work related activity group at that time so I appealed believing that I should have been placed in the Support Group. This has been refused, however the Tribunal recommends that I am reassessed now and that although they did not accept the existing award they were not prepared to interfere with it.

Help! What do I do next. I have seen on the board that reassessments are not being done on existing claiments after Atos threw in the towel. My original recommendation was for reassessment after two years, so what do I do next?
Will they write to me? Do I have to contact the DWP?

Any help anyone can give is very appreciated.

Thank you.

nannytone_2

just send a letter to ESA, saying that you now feel that you met support6 group descriptors ( tell them which descriptor and why) alomng with evidence to back you claim.
it seems like the tribunal fell that you may meet the support group descriptors based on your condition at tribunal, but were not satisfied that you met support group descriptors at the time of your initial assessment

rogerblack

I do not read it that way - but that they do not accept the work-related group descriptors as likely applying, but being unwilling to change anything.

If this is the case, then unless there is powerful new evidence to bring to the DWPs attention - it's probably not a good idea to contact them.
Unless, of course, your condition has in fact changed for the better.

barney2k

Thank you for your replies.

Yes Nannytone I will ring and discuss this on Monday with DWP.

Sorry Roger I omitted a word from the Tribunals last comment; it should have read,"The Tribunal did not accept that the existing award was correct but was not prepared to interfere with it.

I read that and the fact that they said I should be reassessed now too mean the opposite. I have not got any better and wonder if that was their thinking?

The question that I need to know is how do these work now they have stopped general reassessments or has no one had this situation yet?

Thank you.

rogerblack

barney2k wrote: »

Sorry Roger I omitted a word from the Tribunals last comment; it should have read,"The Tribunal did not accept that the existing award was correct but was not prepared to interfere with it.

I read that and the fact that they said I should be reassessed now too mean the opposite. I have not got any better and wonder if that was their thinking?

That is still quite ambiguous.
It could mean:
'We do not agree with the existing decision and believe the claimant should be found fit for work, but we cannot definitively say that was the case at the time of the original decision - hence the claimant should be reassessed now'
Or
'We do not agree with the existing decision and believe the claimant should now be in the support group, but we cannot definitively say that was the case at the time of the original decision - hence the claimant should be reassessed now'

barney2k

Hi, yes see where you are coming from. As I know things are not getting any better for me( now use a wheelchair at times and am going on morphine patches) I would go with the latter. Thanks for your reply will just have to ring and see what happens.