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

slou33
Posts: 87 Forumite

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 ?
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
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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 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
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She has been given LCW not LCWRA
what do we do now ?0 -
slou33 said:She has been given LCW not LCWRA
what do we do now ?
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.0 -
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 tell0 -
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.
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slou33 said:Do we need to do this via the journal?
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 dateAlice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.1 -
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 etc0 -
I wouldn't send pictures if it was me because they could be pictures of anyone.
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poppy12345 said:I wouldn't send pictures if it was me because they could be pictures of anyone.
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.0 -
@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 it0
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