My MR has been sent off, without any new evidence (after 6 years in the support group with no change in my conditions I was, I believe, wrongly moved into the wrag), but, as explained in the MR guide, if the decision goes against me the decision maker will call me to confirm/discuss anything unclear.
Assuming this happens, should I make specific reference to the support group descriptors I believe apply to me, ie, "13 (a) clearly applies to me, and this is why..."?
Similarly, should I explain in some detail why I think Regulation 35 (2) (b) applies to me?
It's unlikely that the DM will contact you although you can make a request that they do.
I see no problem with your referencing the ESA Descriptors directly, you are being assessed against them and the only way to be placed back in the SG is for you to show that you meet them.
Be aware for Regulation 35, the DWP guidance has been updated and they also now indicate the Work Related Activity that they believe that you could do, so be prepared to counter this.
Re activity 13, I'm playing Devil's Advocate here, isn't there a risk that you preparedness for the MR indicate that you do not have problems with this?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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