Esa- support group- work interview?

cleocat

It is quite likely that you have been placed in the WRAG by this new assessment, your local JC+ office will have been notified electronically so it's not unusual for their letter to reach the claimant before the Decision Letter does.

There have been changes to the guidance in regard to Substantial Risk (Reg. 35) and it may be due to this that you have been moved to the WRAG.

While you remain in the WRAG you are required to attend WFIs and to participate in Work Related Activity, although allowance must be made for your conditions. Be aware, if the activity is declared as "mandatory" then your benefit can be sanctioned if your fail to comply.

My best advice in regard the WRAG is to be proactive and attempt to manage your advisor rather than letting them manage you.

If you intend to challenge the Decision then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

cleocat wrote: Thanks Gordon for taking the time to answer.

What are the changes that have happened to reg 35, do you have a new link?

Im going to get everything i can from the dwp.

With my pregnancy- i didnt know about this when i sent my renewal in or when i had my f2f. Would you wait to put the reconsideration in and then explain in that letter?

The changes to the Reg. 35 guidance are explained in the ESA Claim guide due to Mental Health.

Your pregnancy cannot be considered as part of an MR as they can only look at your conditions as they effected you on the date you were assessed.

If there is a risk to your health or that of your baby then you can report this as a Change, the ESA guides explain the criteria you need to meet.

Gordon