Been put in the wrong group

Hi DellyT2022

Unfortunately it happens all the time. The first thing you need to do is contact ESA enquirey line and ask for a copy of the assessors report called an ESA 85.

Once you get the report go through it with a highlighter highlighting any errors, you can then compile your mandatory reconsideration.

There are two parts to the work capability assessment :-

The first part looks at whether you have 'limited capability for work' (LCW)/WRAG, from what you have written in your post I believe you passed this part but failed the second part.

The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)

1) Limited Capability for Work
Assessment to help determine benefit entitlement based on the extent to which a claimant’s health condition or disability affects their capability for work

2) Limited Capability for Work-Related Activity
Assessment to help determine whether the claimant can be placed in the Support Group because the effect of their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.

You will be found to have limited capability for work and work-related activity if:

* at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
* your capability for work and work-related activity is limited; and
* it is not reasonable for you to carry out the activity.

To be assessed as having a limited capability for work, you need to score 15 points or more. Add together the highest score from each activity that applies to you.

The following criterion can only be considered once it has been determined that the claimant has not scored fifteen or more points against the schedule 2 descriptors (limited capability for work), and/or they have not scored against one or more of the schedule 3 descriptors (limited capability for work and work-related activity).

* if, because of a specific health condition or disability, the physical or mental health of the claimant or anybody else would be at risk if they were not found to have limited capability for work-related activity 

In order to qualify for the Support/LCWRA Group you need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The Support/LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

Gary

DellyT2022

I'm afraid the Getting About Activity which covers your problems does not have an equivalent Support Group Descriptor which is why you have only been placed in the WRAG Group.

Unless you can meet one of the Support Group Descriptors for another activity then there is no value in your challenging the Decision.

Whilst you cannot be excused from Work Relared Activity it may be possible to arrange with the DWP to hold any meetings over the phone.

Gordon

Leon630

The criteria for the two activities are different and I'm afraid it is perfectly possible to score for one and not the other.

The ESA test is very complicated and if memory serves me there are six discreet criteria that need to be met.

Gordon

Hi Leon630

As Gordon has pointed out in order to qualify for the Support Group you need to pass two tests, LCW and LCWRA.

There are two ways of passing the test for LCW

1 - you can score 15 or more points in the assessment

2 - You can be treated as satisfying the assessment without having to show that you score enough points.

In order to qualify for the LCWRA Group you will need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

Gary