Mandatory reconsideration…no reply

slou33

poppy12345 said:

slou33 said:

How often should the calls be if found to have LCW ?
Also she got 24 points on her Assesment 

For LCWRA it's not about points, it's about satisfying at least one of the descriptors. I'm sure the link was posted in a previous thread of yours. Here's the link again. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

Please take note of this part.

4. There is a substantial risk to you, or others, if you are found not to have a limited capability for work-related activity.  You will be treated as having limited capability for work-related activities if:

‘you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement; there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work-related activity'

This is an increasingly important route into the LCWRA group, but not one the DWP are quick to apply.  We devote several pages to Reg 35 in our members only guide to Employment & Support Allowance and Universal Credit Claims On Physical & Mental Health Grounds

Thanks ..we have included this in her MR
we stated the self harm and suicidal thoughts etc
We just assumed when the work coach knew how much it was affecting her she would back off a bit 

slou33

NedS said:

slou33 said:

How often should the calls be if found to have LCW ?
Also she got 24 points on her Assesment 

Appointments are at the discretion of the work coach. Guidance states around 3 months, but they could be monthly if the work coach felt that was warranted in supporting the customer. Appointments should be face to face, not by phone, which was only ever brought in during Covid where it was not possible for people to attend face to face appointments.

She can’t do face to face appointments as she can’t leave the house 

Spoonie_Turtle

slou33 said:

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Yeah I think 
Coping with change is the full points as she literally can’t cope with any change at all without self harming or severe anxiety and also 

Coping with social engagement 

Those are the 2 descriptors we have put in MR with examples 

Are these what they awarded her or what you think she should have got?

slou33

Spoonie_Turtle said:

slou33 said:

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Yeah I think 
Coping with change is the full points as she literally can’t cope with any change at all without self harming or severe anxiety and also 

Coping with social engagement 

Those are the 2 descriptors we have put in MR with examples 

Are these what they awarded her or what you think she should have got?

She got 9 points each for those descriptors but I believe she should have got full points for both.

poppy12345

slou33 said:

Spoonie_Turtle said:

slou33 said:

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Yeah I think 
Coping with change is the full points as she literally can’t cope with any change at all without self harming or severe anxiety and also 

Coping with social engagement 

Those are the 2 descriptors we have put in MR with examples 

Are these what they awarded her or what you think she should have got?

She got 9 points each for those descriptors but I believe she should have got full points for both.

There is no points needed for LCWRA. You just need to satisfy at lease one of the descriptors in the link i provided in an earlier comment.

Spoonie_Turtle

poppy12345 said:

slou33 said:

Spoonie_Turtle said:

slou33 said:

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Yeah I think 
Coping with change is the full points as she literally can’t cope with any change at all without self harming or severe anxiety and also 

Coping with social engagement 

Those are the 2 descriptors we have put in MR with examples 

Are these what they awarded her or what you think she should have got?

She got 9 points each for those descriptors but I believe she should have got full points for both.

There is no points needed for LCWRA. You just need to satisfy at lease one of the descriptors in the link i provided in an earlier comment.

I think the intention probably is that if she scored the full 15 points on those descriptors she would in fact be meeting LCWRA descriptors.

slou33

poppy12345 said:

slou33 said:

Spoonie_Turtle said:

slou33 said:

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Spoonie_Turtle said:

As poppy says, it's not about points, but - how are those points made up?  If it's 15 and 9 points then the 15-point descriptor would usually be a LCWRA descriptor anyway.  If it's any other combination, do you feel they chose the appropriate ones or should some have been higher?

Yeah I think 
Coping with change is the full points as she literally can’t cope with any change at all without self harming or severe anxiety and also 

Coping with social engagement 

Those are the 2 descriptors we have put in MR with examples 

Are these what they awarded her or what you think she should have got?

She got 9 points each for those descriptors but I believe she should have got full points for both.

There is no points needed for LCWRA. You just need to satisfy at lease one of the descriptors in the link i provided in an earlier comment.

I know,I meant I feel like those descriptors are the reason she should be in the LCWRA group 

Robbie64

As I suggested, speak to the work coach and ask for the requirement to engage in meetings (either face to face or over the phone) to be switched off while the MR is outstanding. If this is refused then make a complaint and possibly seek advice from the Citizens Advice. The Equality Act 2010 requires that reasonable adjustements be made. Quoting the act can often work and the Citizens Advice can help with wording a suitable letter.

NedS

slou33 said:

NedS said:

slou33 said:

How often should the calls be if found to have LCW ?
Also she got 24 points on her Assesment 

Appointments are at the discretion of the work coach. Guidance states around 3 months, but they could be monthly if the work coach felt that was warranted in supporting the customer. Appointments should be face to face, not by phone, which was only ever brought in during Covid where it was not possible for people to attend face to face appointments.

She can’t do face to face appointments as she can’t leave the house 

As @Robbie64 said, this is where work coach discretion should come into play and they should be making reasonable adjustments. Or ideally in a situation like that, an award of LCWRA is likely more appropriate.

rarees1

You may have mentioned the self harm in the MR, but make it clear that she satisfies Reg 35 as Poppy said.  Send supporting evidence about her self harm - from GP/ nurse/ photos/ witness statements, etc.  Quote Reg 35.(2) (b).  See the legislation below:

Certain claimants to be treated as having limited capability for work-related activity

35.—(1) A claimant is to be treated as having limited capability for work-related activity if—

(a)the claimant is terminally ill;

(b)the claimant is—

(i)receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or

(ii)recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or

(c)in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.

(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.