Second Limited Capability for Work Questionaire

My son has just received a Limited Capability for Work Questionnaire from ATOS.
He previously had an ATOS assessment in June 2010 which awarded him 0 points following which his entitlement for ESA was refused from 17th June 2010. He appealed this decision and the Tribunal was eventually held in May 2011. His appeal was upheld and he was awarded 30 points. The Descriptors satisfied in Schedule 2 ESA Regulations being paragraphs 3a (15), 15d (6) and 19b (9). The Tribunal Decision Notice also states that ‘Even if this were not the case then Reg 29(2)(b) would apply’.

This is the above mentioned regulation:
29 (2) (b) the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.

In view of this what is the situation with him now being asked to complete another Limited Capability for Work Questionaire? Any advice would be much appreciated.

Verity22 wrote:

My son has just received a Limited Capability for Work Questionnaire from ATOS.
He previously had an ATOS assessment in June 2010 which awarded him 0 points following which his entitlement for ESA was refused from 17th June 2010. He appealed this decision and the Tribunal was eventually held in May 2011. His appeal was upheld and he was awarded 30 points. The Descriptors satisfied in Schedule 2 ESA Regulations being paragraphs 3a (15), 15d (6) and 19b (9). The Tribunal Decision Notice also states that ‘Even if this were not the case then Reg 29(2)(b) would apply’.

This is the above mentioned regulation:
29 (2) (b) the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.

In view of this what is the situation with him now being asked to complete another Limited Capability for Work Questionaire? Any advice would be much appreciated.

Hi,

Whilst we cannot queries in relation to individual cases, in general once awarded ESA, there is usually a review date attached, at which point the claimant would be subject to a review, which is what appears to have now happened.

If one does not complete the Questionnaire then sadly benefit will stop.

There is nothing to stop you/him including the information you have given above on the questionnaire providing his condition is still relevant to the descriptors.

Pete

Thank you Pete for your quick response. If this is the case then I guess that we will just have to take great care in how the new questionaire is completed.