Won ESA appeal and now had ESA stopped, appealing

My son was awarded ESA in Jan 2009, then had it stopped but Tribunal upheld his appeal and awarded him 18 points and placed him in Support group in December 2009. In May this year was told to apply again and was called in for assessment. Awarded 0 points and told his ESA was stopped in August and he is now appealing. Does anyone have experience of having ESA stopped after having an appeal to Tribunal already upheld. The current papers make no mention of the fact that he had already had an appeal upheld by Tribunal.

Gillian wrote:

My son was awarded ESA in Jan 2009, then had it stopped but Tribunal upheld his appeal and awarded him 18 points and placed him in Support group in December 2009. In May this year was told to apply again and was called in for assessment. Awarded 0 points and told his ESA was stopped in August and he is now appealing. Does anyone have experience of having ESA stopped after having an appeal to Tribunal already upheld. The current papers make no mention of the fact that he had already had an appeal upheld by Tribunal.

Hi G,

Many members are reassesed and their award changed, after a successful appeal.

Only the evidence available at the time of the most current assessment may have been used.

It does seem a giant step from support group to fit for work.

Has his condition improved that much?.

Is it due to the change in the qualifying descriptors in March 2011?.

You need to investigate the reasons.

Don't forget, as the recent assessment on the ESA award is a supersession, the burden of proof is on the ESA Decision Maker, to prove that his conditions have improved, and his limitations dimished, to the extent that he is now fit for work.

Have you looked at all the ESA guides in the orange MEMBERS ONLY area on the left.

cheers

bro58