ESA85A - when will I be re-assessed?

To the Mods

I have received my ESA85A medical report. It states that I have been put in the Support Group on the basis of what "Benefits and Work" call "Exceptional Circumstances". It states that the evidence used was the ESA50, specialist letter and Med 3. What is a Med 3? I would also like to know when I am likely be re-assessed as it states under "prognosis" that "I advise that a return to work is unlikely in the longer term". Any advice gratefully received.

A 'med 3' is a doctor's sickness certificate. Many claimants are rather surprised to learn that this has been taken into account as they have not submitted one for many years!

You might be able to get some idea of when to expect reassessment if you phone and speak to someone. However, don't forget that this is only advisory and, in reality, you can be reassessed sooner or later than this.

dragon1 wrote:

To the Mods

I have received my ESA85A medical report. It states that I have been put in the Support Group on the basis of what "Benefits and Work" call "Exceptional Circumstances". It states that the evidence used was the ESA50, specialist letter and Med 3. What is a Med 3? I would also like to know when I am likely be re-assessed as it states under "prognosis" that "I advise that a return to work is unlikely in the longer term". Any advice gratefully received.

Hi d1,

Exceptional Circumstances Rules, Reg 35 for SG, (LCWRA) :

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

It would "probably" be Reg 35. (2) (b) unless you think it may be one of the other reasons in Reg 35.

" 35. (2) (b) 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-related activity."

Reg 35 is classed as a Non Functional Descriptor, in that they have placed you into the SG using Reg 35, as they feel that you do not qualify under any of the Functional Descriptors in Schedule 3. :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

A Med 3 is a "Fit Note" which replaced the "sick note" this is issued by your G.P. It could be from when you first became incapable for work. However, we have seen the MED 3 mentioned on other members ESA85A's when they are quite sure that they were never issued one. It could just have been generated by the LiMA software, and the ATOS HCP has not bothered to ammend it.

Again "in the longer term" is another LiMA statement that we see often in the ESA85A it is the longest prognosis.

You should contact the DWP to see how long the DWP DM has recommended before a reassessment.

bro58

Thanks Mrs H and Bro. I have not submitted a "fit Note". The wording is exactly that of Reg 35. (2)(b). I am surprised that exceptional circumstances has been applied when procedurally I thought that this could only be done after a face to face medical which I did not have.

dragon1 wrote:

Thanks Mrs H and Bro. I have not submitted a "fit Note". The wording is exactly that of Reg 35. (2)(b). I am surprised that exceptional circumstances has been applied when procedurally I thought that this could only be done after a face to face medical which I did not have.

Hi d2,

With regards to having a face to face and Reg 35.

A "Fit for Work" decision can only be made after a face to face has taken place, and not on paper scrutiny alone.

bro58