What is classed as “substantial risk” whilst deciding LCWRA ?

Me again…
just trying to get info for my sister and work out if she meets criteria.
She has depression /anxiety disorder diagnosis of over 10 years now.
She lives alone,history of self harm and suicide thoughts,unemployed  and can’t go out alone and only to places familiar (doctors etc ) 
is this classed as risk ?
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Comments

  • slou33 said:
    Me again…
    just trying to get info for my sister and work out if she meets criteria.
    She has depression /anxiety disorder diagnosis of over 10 years now.
    She lives alone,history of self harm and suicide thoughts,unemployed  and can’t go out alone and only to places familiar (doctors etc ) 
    is this classed as risk ?
    The wording of the regulation is
    "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."
    https://wcainfo.net/issues/substantial-risk-lcwra

    So the question is, would she get worse if she had to do some hypothetical work-related activity?  Would her mental health get worse or her physical health be at risk (self-harm, suicide attempts) if she had to engage with a work coach in person / over the phone / if she were given a work-related task to do in her journal?  Would anyone else be at risk from her presence somewhere, e.g. at an in-person appointment? [Rhetorical, you don't have to answer them here, but pointers for you to think about.]

    Non-rhetorical question, do you know and understand the other descriptors, whether she meets any of them?

    Here is the full list, in case you haven't seen them https://www.entitledto.co.uk/help/esa_criteria

    and

    I don't normally link to this publication because the description of the assessment process is enough to give anyone nightmares, but from page 125 onwards are the mental/cognitive descriptors and, crucially, what they mean and how they are assessed https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/925097/wca-handbook.pdf
  • slou33
    slou33 Posts: 87 Forumite
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    She has been given LCW not LCWRA 
    what do we do now ?
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    slou33 said:
    She has been given LCW not LCWRA 
    what do we do now ?
    You can request a Mandatory Reconsideration
    Challenging a benefit decision - mandatory reconsideration - Citizens Advice
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • slou33
    slou33 Posts: 87 Forumite
    10 Posts First Anniversary
    Do we need to do this via the journal?
    I can’t believe they did that ..she will end up in a really bad way now I can tell 
  • poppy12345
    poppy12345 Posts: 18,878 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    slou33 said:
    Do we need to do this via the journal?
    I can’t believe they did that ..she will end up in a really bad way now I can tell 

    Yes, it can be done through the journal.
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    slou33 said:
    Do we need to do this via the journal?

     I'd use this form - https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp

      Explain why your sister's mental health would be at substantial risk if she had to attend work-focused interviews - including telephone interviews.  Give examples of how her mental health has been affected in dealing with the job-centre.

      See if she can get supporting medical evidence.  You / her family can evidence the impact of dealing with the job-centre on her health to date   
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • slou33
    slou33 Posts: 87 Forumite
    10 Posts First Anniversary
    Thankyou everyone 
    would her self harming and suicidal thoughts be classed as substantial risk?
    she has a burn on her arm she did before her work coach apt ..could she send picture evidence ?
    also she has scratches etc 
  • poppy12345
    poppy12345 Posts: 18,878 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    I wouldn't send pictures if it was me because they could be pictures of anyone.
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I wouldn't send pictures if it was me because they could be pictures of anyone.
         No, nor would I.

         Just make the point very clear on the MR that the prospect of a work coach (telephone ? ) appointment caused her to self harm.
         You can confirm that in the evidence letter signed by you that accompanies the MR.


    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • @Alice_Holt
    Hi Alice, How would you write it I'm in the same boat but don't know how to write it and word it
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