Advice needed on wrong information from DWP

Hello, I need some information, regarding the fact that I had my request for Mandatory Reconsideration going from work related activity group to support turned down. I will be appealing the decision. But in Mandatory Reconsideration Notice the DWP wrongly states " you are able to drive your manual car". I'm physically unable to drive a car manual or automatic, and I don't own a car. Which is stated in all my correspondence and in the Medical Report from my Health Assessment.

Do I get in touch with ESA and tell them that I want that statement withdrawn as its a lie. Or do I put it on the appeal form that this is incorrect?

Any help would be appreciated.

Thank you for your reply Gordon, I don't think they denied me points on it. But as I stated to them in Mandatory Reconsideration request, If I had to attend a work related activity group interview, I would have to use public transport and I live in a quite remote place where the buses are very unreliable. I have mobility problems and cannot stand or sit too long (no seats anyway at bus stop. This is the paragraph:
"Whilst in no doubt that you have health conditions that affect your day to day living, these do not limit your functional abilities sufficiently for you to have limited capability for work related activity. Taking into consideration the activities that you are able to do in your typical day which include you are able to read (I read a Kindle) make sandwiches and a hot drink (nobody asked if I could do that it's the first time it's been mentioned) you are able to drive your manual car, you are able to use a telephone it would be reasonable for you to undertake some form of work related activity as described above"

Regards
Janb

Hello, Sorry but i seem to be asking a lot of questions. My ES50 was sent off in early September 2013 and my Health assessment was held in April 2015. My condition has got worse since I filled in the ESA50. I was informed in December 2015 I would be placed in the WRA group and sent in a Mandatory Reconsideration request to go into the support group, it was turned down so I'm going to the tribunal. Is it too late to mention this

Thank you

Janb wrote: Hello, Sorry but i seem to be asking a lot of questions. My ES50 was sent off in early September 2013 and my Health assessment was held in April 2015. My condition has got worse since I filled in the ESA50. I was informed in December 2015 I would be placed in the WRA group and sent in a Mandatory Reconsideration request to go into the support group, it was turned down so I'm going to the tribunal. Is it too late to mention this

Thank you

Hi Jb,

I have merged your two topics for continuity.

Please post any further related queries to this topic.

If you feel that the information contained in the ESA50 of Sept 2013 was not current with respect to your medical conditions and resulting limitations at the time of the recent adverse ESA decision (circa April 2015) and the ESA Decision Maker used the ESA50 as evidence in making the decision, and you were not given the opportunity to update them regarding any change or deterioration in your condition since Sept 2013, you could certainly use that argument as part of your submission to The Tribunal Service. (TS)

As the TS will only re-look at how you were at the time of he adverse decision appealed (circa April 2015) it is important that you reiterate how and why you should have been placed into The Support Group (SG) at that time, rather than The WRAG.

In that you qualified under at least one of : The Functional SG (LCWRA) Schedule 3 Descriptors , or if under none of those under : ESA Reg 35 for entry to The SG (LCWRA)

You should be aware that any change or deterioration in your condition since the date of the adverse WRAG decision will not be taken into account by The TS.

bro58

Janb wrote: Thank you for your reply Gordon, I don't think they denied me points on it. But as I stated to them in Mandatory Reconsideration request, If I had to attend a work related activity group interview, I would have to use public transport and I live in a quite remote place where the buses are very unreliable. I have mobility problems and cannot stand or sit too long (no seats anyway at bus stop. This is the paragraph:
"Whilst in no doubt that you have health conditions that affect your day to day living, these do not limit your functional abilities sufficiently for you to have limited capability for work related activity. Taking into consideration the activities that you are able to do in your typical day which include you are able to read (I read a Kindle) make sandwiches and a hot drink (nobody asked if I could do that it's the first time it's been mentioned) you are able to drive your manual car, you are able to use a telephone it would be reasonable for you to undertake some form of work related activity as described above"

Regards
Janb

Hi Jb,

Yes, as you have been placed into The WRAG, you are assessed as being fit enough to take part in Work Related Activity. (WRA)

Even if one is in the WRAG, they are still supposed to take any limitations that you suffer into account when agreeing what sort of WRA you can take part in.

They should make any Reasonable Adjustments that may be necessary due to the limitations that you suffer.

WRAG means that you are "unfit for work", you have "Limited Capability for Work" (LCW)

To be placed into The SG, you have to show that you are also "unfit to take part in WRA", you have "Limited Capability for Work Related Activity" (LCWRA)

bro58