No Decision Maker's Letter

Thanks, Gorgon, I've acquired a copy of the HPC's report today, but am a bit confused, as there is no indication of the points awarded on that either.

(I suppose you're meant to guess whether you've been awarded point based on the more general written information? It doesn't seem clear. Thanks for any ideas on this.

Thanks Gordon - think I will probably need some further advice here for as you will know these situations are very complicated.

This site mentions a formal provision that someone can be excluded from work related activity if doing W.R.A. would create a substantial risk to the mental health of that person, or any other in the WRAG environment.

I think this provision would apply to me but I am wondering how to prove it.

I do understand that the DWP has been trying to get round this provision of late, as you have mentioned in one of your guides, by saying that work providers won't ask the client to do anything unreasonable in their circumstances and/or they can request reconsideration anyway.

Thankfully I've done a bit better than with the last assessment in terms of asserting my rights as I did insist on the whole examination being recorded onto disc. So at least there is no big opportunity for the private company to tell outright lies about my situation as they did last time.

The thing is I've already given the WRAG a try last year, and had to drop out because I couldn't cope with the activities involved, i.e. going to interviews etc. I did try to use the provision of the Equality Act (reasonable adjustments, etc.) to try and make things tolerable but that process was slow and inefficient, and a lot of harm to my well-being and state of mind had already come to pass before any adjustments could be made - and even then the adjustments were limited in their ability to put the situation right.

This was something I explained clearly at the W.C.A. and although I can't see it mentioned in the report because it is on the audio recording, it is at least on record in some form.

What surprises me also is that I submitted the DWP as evidence a statement by a very experienced consultant neuropsychologist, who had worked for 9 years in an environment of clinical neuropsychology, who stated quite categorically that I would be unable at this stage of my life to fit into a conventional work or social environment.

I submitted this at the WCA and made sure that the audio recording had it down what the document was, and that the doctor accepted it was going to be placed as part of the record.

However the ESA 85 appears to make no mention of this.

Bearing all this in mind, what would be the best way to try to get into the support group at the first mandatory reconsideration do you think ?

Hi IF,

In order to qualify for WRAG or Support Group under the Exceptional Circumstances, the claimant has to show very clearly that -

1) They have a condition/symptoms that causes limitations
2) This problem means that undertaking work (for WRAG) or Work Related Activities (for SG) would be harmful to the health of the claimant (or another person)
3) There must be a high possibility of harm
4) For the SG the claimant must show that specific WRAs would be harmful and in what way.

The problems you had with the WRAs could well be helpful to your case.

This is all explained in detail in the ESA guide.

Thanks Mrs HurtyBack that's very useful information. I will have a look again at the guides and see if I can put a letter together based on what they suggest.

Oh yes apologies two other things occur to me about this situation.

One is that I've read somewhere, I think in one of the DWP decision makers guides, that you can request a statement of reasons for the decision that was arrived at. Is this the case?

Also I am wondering if the provisions of harassment law may have any bearing on the situation I have outlined above, which I've read states that harassment by the state can be:

course of conduct;
which amounts to harassment of another; and
which the defendant knows, or ought to know amounts to harassment of another.

Would there be any merit I wonder of asking for a statement of reasons, if it's not wholly clear from the HPC report - but also issuing a cease and desist notice given my experience last yearof the WRA group?