ESA mandatory reconsideration decision

Hi all, I posted earlier this year on this forum, saying that I was thinking of challenging the decision to be put in the WRAG group,as opposed to the support group after the WCA by Maximus.

ln the end, I did in fact ask for a mandatory reconsideration, citing very powerful evidence not least from a consultant neuropsychologist with 10 years experience of working in a hospital environment with people with serious neuropsychological based conditions.

However the DWP are saying that they have not changed their minds about insisting on the WRAG group for my case. The reasons for this are interesting.

The DWP don't deny that I suffered badly, and that I was badly affected by being placed on the work programme last year but they say that work related activities should only be ones which are "appropriate" to my circumstances, giving as an example in their reply letter that I should still be able to do CV writing. They understand that social contact with strangers will be precluded in the context of my condition but I presume they still think I will be able to talk over the phone.

I suppose my question is, is this legitimate on the part of the DWP? That they can stretch the meaning of 'appropriate' so far in the context of work related activities that you would have to be dead in effect not to qualify for the support group? If so I can only imagine that only those people who are literally completely immobile will ever qualify for the support group, is this how it works these days?! Surely can't be so!

Thanks Gordon.

'So the argument is not unreasonable!'

Yes, I know I was even prepared for them saying that since I had read the information on this site on how the DWP was re-framing the provision about WRA posing a threat to the well being of the client and/or others so that it could no longer apply.

But in your experience is it normal or standard these days for the DWP to be moving the goal posts so far in these situations? As I said, if this becomes normal then the only people in the support group will presumably be those quite literally on the verge of death.

Thanks Gordon. I have two further queries about this case, just on the offchance you or anyone else might happen to have any answers.

Firstly, at the WCA, I told the HPC, in detail, how being on the work programme had adversly affected my mental health and yet he decided not to include any of this information in the report.

Is this because there is some rule or regulation which means that someone's past experience, in this case from only a few months earlier, of being on the work programme cannot be included as part of the assessment?

Also, I've heard that if you're put in the WRAG group then national insurance contributions are time limited and also the length of time benefit will be payed is limited too. Do you know, or anyone else, know if this is the case? Thanks if anyone has any ideas !