Regulation 29 (2) (b)

I have a decision notice from a first tier ESA tribunal, with regards to my claim for ESA dated December, 2009

The appellant suffers from a specific mental health problem and by reason of this disease there would be a substantial risk to her mental health if she were found not to have limited capability for work.'
Regulation 29(2)(b) applied

In January this year the DWP placed me in the Support Group.

Only a matter of weeks after my Tribunal, Atos Healthcare demanded I fill in another ESA50 form. This caused my anxiety levels to soar and my psychiatrist had to increase my medications to 3 x what they were this time last year. It took me several weeks to fill in this form as it is so highly personal and invasive. I (wrongly) trusted that Atos Healthcare would see from my answers and the fact that I had been awarded ESA at tribunal, with the above ruling, and that the DWP had placed me in the support group in January this year, that they would be able to see that I am still very poorly mentally and in no way fit for work.

I asked Atos how long the above regualtion was valid for, they claim that they do not know! I tried the DWP and they also claim that they don't know.

Does anyone know??

Pollyanna wrote:

I have a decision notice from a first tier ESA tribunal, with regards to my claim for ESA dated December, 2009

The appellant suffers from a specific mental health problem and by reason of this disease there would be a substantial risk to her mental health if she were found not to have limited capability for work.'
Regulation 29(2)(b) applied

In January this year the DWP placed me in the Support Group.

Only a matter of weeks after my Tribunal, Atos Healthcare demanded I fill in another ESA50 form. This caused my anxiety levels to soar and my psychiatrist had to increase my medications to 3 x what they were this time last year. It took me several weeks to fill in this form as it is so highly personal and invasive. I (wrongly) trusted that Atos Healthcare would see from my answers and the fact that I had been awarded ESA at tribunal, with the above ruling, and that the DWP had placed me in the support group in January this year, that they would be able to see that I am still very poorly mentally and in no way fit for work.

I asked Atos how long the above regualtion was valid for, they claim that they do not know! I tried the DWP and they also claim that they don't know.

Does anyone know??

The situation you have described is not uncommon, whereby Atos issue an ESA50 to recommence the WCA when a tribunal has found in favour of an appellant.

Unfortunately, there is nothing in the regulations to prevent Atos from subjecting a claimant to another ESA in such a relatively short period of time. A factor that has to be taken into account, is that the tribunal were looking down to the date of the decision under appeal. This date is the actual date when the ESA decision maker terminated your entitlement to ESA.

Although the tribunal issued the decision notice in December 2009, the date of the decision under appeal may have been some considerable time before this date. Regrettably, the ESA50 will have to be completed otherwise the DWP will find you fit for work and your ESA entitlement will be terminated.

This situation is perverse in my opinion. However, your only recourse would be to write to your MP to express your dissatisfaction.

Thank you Crazydiamond. At least I know where I stand now.