Esa- support group- work interview?

Thanks Gordon, why do these people not get any proper training- she kept putting me on hold to 'check' so i didnt have much confidence in what she was saying.
When i did a MR in the past for my PIP i just asked for the health assessment form by post and it was sent- good job im putting the request in by writing as well.

Im going to try again to get a more specific doctors note to argue my reg 35 case. Hopefully i will be able to do that within the month- well i have to. Its just the thought of having to sit down and start another fight again, it was only last year that i won at tribunal for pip.

With requesting the SoR- I want to see in what descriptors they have awarded me and then chosen to place me into the WRAG. With PIP when i had my decision letter the DM give an explanation on how he came to his decision- and then i used this in the MR.

With my ESA decision letter all i have in terms of the decision is:

'Changes in the ESA rates payable
This is because of: a decision on your capability for work. You have moved from the support group to the work related activity group.'

Thats it, there is no other explanation on how they came to their decision.

So would it be the SoR i need to request as there just isnt any explanation on the letter on why they decided to award me WRAG or would i just ask for an explanation (not specifically asking for SoR) on how they came to this decision? What would you advise for a MR at the moment?
As im going to need to see something to break apart and hopefully find flaws in their argument.
I didnt even have a phone call like they normally do when you know the decision is not in your favour and they have my up to date telephone number.

I was placed in WRAG a long time ago and then did a MR- i didnt know what one was then i just wrote off saying a descriptor i thought i fulfilled and i was then placed in the SG.

Ive looked at your link in regards to the 365 day rule-would i be:
example 1?

Although im not sure what you mean by : 'unless the WRAG Decision was replaced by an SG due to an MR or appeal'- how does that make a difference to what WRAG time they count- sorry im confused, i wasnt sure what example that would be. As that is the case with me, an original WRAG decision turned to SG by MR.

Appreciate your help. thanks

Thank you, ive now requested the reasons and health assessment so see what comes back.

Im going to have to argue reg 35 i think.
Would you know where i could get a list of all possible work related activities? so i can target why i wouldnt be able to do these.

thanks

HI, so ive received my health assessment in the post today and as expected there are inaccuracies.

I thought she did seem to care during the assessment but some important things are missing .

With the report, it says interview started and finished on the 5/12 and time report completed 16.24 on 5/12
however in the footing of every page it says report completed by..... on 20/12.
Is this right, should there be 15 days difference in completing a report?

Reading my report, she says i attended alone, which i didnt, my partner came with me but waited in the waiting room. When she came out to call my name she saw him sitting next to me and i took my coat and give it to him to mind, all in front of her. I also told her during the assessment that my partner drove me down and that it was him sitting in the waiting room. The assessment reports though says 'came to the assessment centre alone!'
When i checked in at the window i was standing at the counter alone as he was already sat down- did the receptionist say i was alone- is that it?
Later on in her report however- she says i never go out alone and my mum or partner will wait in the waiting room?!

with the substantial risk- what is the dwp definition of substantial? as surely her opinion is opinion?

None of the cognitive tests were performed- calculate change, serial sevens- what is that anyway?
she has answered normal or able to for everyone of the cognitive tests and these never happened.

I supplied a gp letter but no detail is written of what is in this letter.

what is a med3, frr4 and poid1? as she says she consulted these?

Im going to write and say about the inaccuracies but are they really going to believe me? Unless i can get them to look on security cameras with regards to my partner there, they are just going to take her word for it arent they?
I cant drive and cant take public transport as i have uncontrolled epilepsy- there was no way i would have turned up without anyone. They are just going to take her word for it.

the dwp have also sent separately a form that has a details of the decision box- so i assume this is the dwp reasoning.

In the decision makers reasoning it says i was examined on the 20/12 but assessment was actually the 05/12- Shouldnt the dwp refer to the actual date of the assessment?

it mainly just says decision maker has considered the evidence- doesnt list what evidence they considered though like health assessment form etc and that it is found i have LCW but not LCWRA.

With reg 35 it says decision maker has decided based on evidence from claimant and medical professionals (again not listing what evidence) there is no substantial risk. Again is there a definition of what is substantial risk for the dwp to use? as surely this is opinion again.


This coming through the door has really hit me today- do i really have a chance for the dwp to reconsider their decision when its just going to be my word against theirs? Im trying to get another medical letter to say my uncontrolled epilepsy is a risk to my health if i were to do WRA but im not sure if the Gp will be willing to do that as they can be funny sometimes. But will the dwp even accept that over their health report?

thanks for reading so far- any advice very thankful for.