Writing my grounds for appeal

Gordon the work your doing is brilliant. I'm very thankful to have found this site. Thank you again

It really is starting to come together, after doing ALOT of reading I'm getting to grips with it all.

From what iv read I believe I could get into the WRAG group according to regulation 35, as I have M.E and if I was to do any work related activity, I would have a worsening of symptoms, and possibility of a relapse. None of the descriptors that allow you to go into a support group apply to me. however am I right in thinking I could be put into a support group if regulation 35 applies to me.

When giving my detailed arguments against their decision I'm planning to go through the (descriptors) points I believed I should have received, using the structure this site has recommended, and to then explain why I should be put into a support group- explaining why regulation 35 2 (b) applies to me.

Is it ok to do both- points and then about support group.

Slowly getting there

Actually I wouldn't be put into a WRAG, but a support group, got a bit confused there.

Hi B,

Yes, : ESA Reg 35 is for entry to The SG (LCWRA)

ESA Reg 35 is only applied after they have decided that you fail to qualify for The SG under :

The SG (LCWRA)Schedule 3 Functional Descriptors

You only have to qualify under any one of the "Functional" descriptors to be placed into The SG.

Points are only applicable for entry to The WRAG :

The WRAG (LCW)Schedule 2 Functional Descriptors

Although as you will see, some, but not all of the WRAG Descriptors that score the maximum 15 points also give automatic entry to The SG.

There is nothing wrong with you citing any of the SG Functional Descriptors that you feel that you might fulfill, as well as citing ESA Reg 35.

This is all explained in our ESA Claims Guides.

With respect to The SG Functional Descriptors, not only must you be able to carry out any of the activities for the majority of the time to be assessed as being able to do them at all, you must be able to carry them out on the majority of occasions that you attempt them :

As at : ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

From :

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

bro58