Got awarded LCW. Need help

Alice_Holt

You could use this form to complete a mandatory reconsideration request by post:
https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp

Keep a copy, and get proof of posting.

Be aware that sometimes the DWP can conduct work focused activities (WRA) by telephone. They should take into account your limitations/disabilities when requiring you to take part in any WRA, and make reasonable adjustments as covered under Section 20 of Equalities Act 2010, (such as the telephone) where necessary.

For your MR / appeal on the basis of substantial risk you would have to show that there would be a risk to your health if you were compelled to take part in any form of WRA.

calcotti

Just found this which gives information about what happens to messages posted in the journal

https://universalcreditinfo.net/myths/if-i-put-a-note-in-your-journal-i-should-get-a-reply-within-48-hours

For an MR the message does need to get to a Case Manager so I follow the logic of huckster’s advice to post as a service issue.

Clairee123

Thanks for info everyone. I wrote in my journal that id like a copy of the assessors report because im going to the citizens advice on monday to see if they can help.
I’ll also add a note on the service issue that id like a mandatory reconsideration, or would i be better waiting until i go to the CA and see what they say?

Alice_Holt

Clairee123 wrote: »

I’ll also add a note on the service issue that id like a mandatory reconsideration, or would i be better waiting until i go to the CA and see what they say?

They are likely to suggest you do it via the MR form as well. You need to explain why you are asking for the MR, and why the DWP decision is wrong.
https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp
Keep a copy, and get proof of posting.

What are your grounds for the MR?

Clairee123

The only reason i dont want to do it by post is incase they dont receive it.
I suffer with severe anxiety and dont leave the house so i cant socially interact with people and thats one of the descriptors for lcwra

Alice_Holt

This is the LCWRA descriptor for social engagement:

16. Coping with social engagement due to cognitive impairment or mental disorder.
16 (a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. 15 points.

This is from the ESA Handbook: (Hopefully this information will help you write your MR)
"An example of a scenario where that descriptor may apply is as follows:
This descriptor may apply to a person who rarely interacts with familiar people but
may do so on exceptional / rare occasions. For example a person who is socially
isolated, is unable to interact with unfamiliar people but might open the bedroom
bedroom door to allow family member to deliver tea on a daily basis or a person who
is socially isolated, is unable to engage with unfamiliar people, and only engages with
their regular CPN maybe once a week."

Note that "always precluded" was the subject of case law. In 2015, a Court of Session Judgement advised on the meaning of “always” within this descriptor.
The meaning of “always precluded” has been clarified by this judgement and the
following guidance from the Court of Session judges should be considered when
choosing and justifying the social interaction descriptors.
“Always” does not mean “at all times”; claimants need not show that they fall within the
descriptor all the time, every minute, twenty four hours of every day
It could therefore apply to a claimant whose condition is constant and continuing in its disabling effects, for the purposes of social engagement, albeit with short intermittent breaks in that being the case
Advice should have regard to the need for steady and reliable engagement in social
contact for the purposes of work and WRA, and be mindful that evidence of some kind of
social engagement by the claimant, would not necessarily prevent the descriptor being
met.
Social contact where the claimant requires to be accompanied should be disregarded.
Due consideration should be made as to whether being accompanied is a requirement or
a choice / preference. "

The ESA Handbook (page 133) also states "There must be evidence that the social engagement results in significant distress to the individual. 16a (the LCWRA descriptor) represents almost total social isolation.
For people with anxiety, panic disorder and agoraphobia there should be
supporting evidence that corroborates the severity of the condition.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/777221/wca-handbook.pdf

Clairee123

Okay thank you for that. Im not sure i have any evidence for that? I dont go out and socialise at all. I dont have any friends and i dont go to the shops as my partner does that for me.

Spoonie_Turtle

Clairee123 wrote: »

Okay thank you for that. Im not sure i have any evidence for that? I dont go out and socialise at all. I dont have any friends and i dont go to the shops as my partner does that for me.

In the absence of any professional evidence, you should include examples of what happened last time you did xyz. For instance, if you got through an appointment but then suffered increased symptoms for however long afterwards.

https://wcainfo.net/activities/coping-with-social-engagement-lcwra (dealing solely with the LCWRA descriptor)

https://wcainfo.net/activities/coping-with-social-engagement-lcw (all the descriptors for the activity)

If you don't satisfy the LCWRA descriptor, there is still the issue of substantial risk: https://wcainfo.net/issues/substantial-risk-lcwra

From the UC regulations:

For universal credit, paragraph 4 of schedule 9 to the Universal Credit Regulations 2013 provides that a claimant is to be treated as having limited capability for work-related activity if -

The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.

With anxiety, please make sure you've also considered whether you meet any of the other descriptors, perhaps coping with change or initiating and completing personal actions.

https://wcainfo.net/conditions/anxiety-and-depression

jobseeking_help

It was always advisable to ensure that either the Work Coach or the Case Manager have raised a Mandatory Reconsideration. It is very rare for the DWP to change their decision at a MR. It is likely that following the MR decision you will then, if you still disagree, have to follow the appeal process to a Tribunal.

Are you in receipt of Personal Independence Payments - search 'PIP Gov.uk

Clairee123

Hey no i dont currently receive PIP.