ESA stopped but can work within 3 months

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.

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.

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'.

Hi, have a look at my thread yesterday;

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

Best wishes,
Rachel

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.