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Hi @concernedmother
Sorry to hear about the problems and confusion that you have come up against.
I'm afraid I'm still slightly confused myself as to the current position with your son's benefit.
The DWP themselves cannot overturn a Tribunals decision, the only two options they might pursue if they disagree with the decision are (a) pay the benefit that the Tribunal awarded, but then review the claim (i.e. with a medical) and start the whole process again (in this case they would pay the award though up to the point a new decision was made; or (b) appeal the decision further, to the Upper Tribunal.
If your son has received another ESA medical, then I presume the answer is (a) - unless he made a new claim on the basis of deterioration in the interim? But I think perhaps the CAB caseworker could explain more clearly. You could also call the DWP on 0345 608 8545 to see if they can explain.
I agree with @gnmeads above advice that you need to speak to the CAB caseworker again to ascertain exactly what is going on here, as the only body who can overturn a decision of the First-tier Tribunal is the Upper Tribunal.
You should note however that it is not within the Tribunal's power to order an ESA claim to be indefinite. The ESA therefore have the right to do a further review within a REASONABLE timeframe. You have not stated when the previous medical was carried out/decision made, but if it was quite recently, you could make a complaint both direct to the DWP and also to your MP as regards the reasonableness of the constant reassessments, and the impact this has on your son's life.
Hope this helps!
Kind regards,
Mary
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