Limited cability for WRA and in WRAG?

Lara wrote: Hello, Wondering whether SKS will please advise as to what to do next. I was placed in the WRAG for ESA due to fainting and asked for mandatory reconsideration regarding specifically regulation 35. I have received the MR back this morning saying that regulation 35 does apply but they can not place me in the support group because consciousness is not one of the activities contained in schedule 3. So I've been found to have limited capability for WRA yet still in WRAG. Do I appeal? TIA.

The MR response is confusing, they say that you meet the criteria for Regulation 35 but then do not award the Support Group.

In context to Reg 35 it is totally irrelevant whether you meet the Staying Conscious activity or not. This Descriptor has no SG equivalent, so you cannot be placed in the SG due to your fainting alone.

I would contact the DWP again and draw their attention to the anomaly, if they do not respond in positive way then you can go on to appeal, a request must be made within one month of the date on the MR letter, so you may need to chase the DWP.

If you go to appeal then you should have a good look at the information you supplied in regard to your meeting Reg 35, the Tribunal panel will look at everything from scratch so you need to ensure that you have put the best case forward that you can. Make sure your request references the DWP statement that they think you meet the requirements.

Gordon

Lara wrote: Hello Gordon. Thanks for your reply - I've read the MR letter again and I think they might have actually moved me over. The second page says they are revising the decision finding me having limited capability for work to having limited capability to work as medical evidence supports that regulation 35 would apply in your circumstances. Guess they just missed words out but it doesn't say I've moved group either. Really confusing!

It's definitely worth checking that they have moved you to the SG.

Gordon

Lara

Make sure that you use their acceptance that you meet the Reg 35 requirements against them, but don't rest on your laurels, a Tribunal will look at everything from scratch so make sure that you re-inforce the information you have already supplied that you would be at risk of harm.

Gordon