Mandatory recon - Exceptional Circs

Hi, I hope someone can help me.

The DWP moved me from support to WRAG in Feb 2017 based on an assessment last November. As part of the process of mandatory reconsideration I requested written reasons for the decision and they've sent me a copy of the ESA85 Medical report.

In it the assessor has clearly stated that, Yes, the exceptional circumstances apply. I understood that to mean automatic entry into the support group.

The assessor has also written that "appropriate, tailored work related activity would seem unlikely to result in a substantial risk to [my] health". Doesn't that contradict the exceptional circumstances rule, or have I overlooked something?

Thanks in advance.

Hi broughsie and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

There are 2 levels of the 'exceptional circumstances' rules. The first qualifies the claimant for the WRAG and the second for the Support Group. It sounds as if your assessor has accepted that you cannot work but not that you cannot undertake work related activities.

Did you qualify under the exceptional circumstances last time? If so, it will have been up to you to provide up to date evidence that these still apply to you.

This is all explained in more detail in our ESA guide, as is the Mandatory Reconsideration as this would be your next step if you wish to take this further.


ESA claims and appeals

It will be worth requesting a copy of the assessor's report (ESA85 if you had a face2face assessment, ESA85a if you did not) as this might help explain why the assessor made this recommendation.

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your ESA without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too

Hi, thanks for your reply. I've found the paperwork from my Tribunal appeal in early 2013, in it it says that I satisfy paragraph 13 of Schedule 3 of the ESA regs 2008 which I think refers to coping with social engagement rather than exceptional circumstances. I see also that where the EC used to say that, if met, the claimant is limited for work-related activity in the 2008 regs, the 2013 version just states limited for work.

According to the ESA85 the assessor has stated that "none of the above apply" in relation to social engagement so I think that should be my focus. The assessor seems to think that because when I'm out (maybe once a month at best and even then never socially, only for medical purposes) and have sometimes used a taxi if a lift isn't available I'm comfortable in social situations.