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

slou33

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 ?

Spoonie_Turtle

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

She has been given LCW not LCWRA 
what do we do now ?

calcotti

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

slou33

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

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

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   

slou33

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

I wouldn't send pictures if it was me because they could be pictures of anyone.

Alice_Holt

poppy12345 said:

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.

cddd

@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