Mandatory reconsideration…decision unchanged,what now,

slou33

You might remember my post.
my sister was placed in LCW when we both think it should be LCWRA
She doesn’t go out,can’t answer the phone.
She self harms before any doctors appointments etc.
She has suicidal thoughts,self harms regular when things become too much.
We did a mandatory reconsideration explaining she meets the *coping with change descriptor and social contact.
Also we put in the substantial risk to a claimants mental health reg 35
We explained her self harm and how she would deteriorate due to risk of sanctions in LCW group.
We got a letter explaining her condition from her psychiatrist and added her medication list
She explained in her own words what this was doing to her and was willing to show her self harm scars (if absolutely necessary)

no change they claim she doesn’t have the risk category and they claim no risk to her mental health.

Her work coach has told her next year she wants her to do a online course.
That obviously pushed her over the edge and self harmed again and we had to get her some diazepam from GP (only 7 2mg )

What now?
will the tribunal agree with dwp?
How can they claim no risk when she’s harming herself.
she can’t help it 

I’m so upset for her.
im worried sick 

Alice_Holt

https://www.advicenow.org.uk/guides/how-win-appeal-about-your-work-capability-assessment

https://www.gov.uk/appeal-benefit-decision


The form needed to lodge the appeal:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1013690/SSCS1_0821-eng.pdf

Your sister may wish to see if her local advice charity can help with her appeal.
https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

LCWRA  criteria:
https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity
https://wcainfo.net/issues/substantial-risk-lcwra

Most MR's are unchanged, view it as a necessary step in the process to put the case before a tribunal panel.
Your sister should attend the tribunal, so that she can give her verbal evidence to the panel, and clarify any issues.
There is a much, much, much increased change of success when the claimant attends, than a tribunal held just on the paperwork. 

poppy12345

At the moment most hearings are still by telephone, rather than appearing in person.

slou33

The thing is if the dwp didn’t think her evidence was enough to put her into LCWRA group 
what’s the chances the tribunal will

poppy12345

slou33 said:

The thing is if the dwp didn’t think her evidence was enough to put her into LCWRA group 
what’s the chances the tribunal will

The Tribunal are totally independant to DWP. Therefore the chances of success are much higher... more than 70% and even higher with representation form an advice agency.

slou33

Can anyone recommend who to go to for advice?
The only one I know about is citizens advice 

poppy12345

https://advicelocal.uk/ put your postcode into that link and choose the topic "welfare benefits" it will tell you exactly what advice agency is local to you or your sister.

Alice_Holt

slou33 said:

The thing is if the dwp didn’t think her evidence was enough to put her into LCWRA group 
what’s the chances the tribunal will

     High
   
     https://www.bbc.co.uk/news/uk-58284613


   Your sister would be sensible to check if her local advice charity have capacity to help with her appeal.
   https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/
   https://advicelocal.uk/ 
  https://www.disabilityrightsuk.org/links-organisations-giving-advice-benefits-care-and-debt


   And she should certainly participate at the tribunal. 


  Have you read the links I provided for you earlier? 

slou33

I have Thankyou 
The whole process just seems so very daunting at the minute.
Especially with people saying it can take months and months 

poppy12345

I believe the waiting times for hearings are currently between 11-16 weeks depending on your area, so no where near as long as they were before the pandemic.

Muttleythefrog

slou33 said:

The thing is if the dwp didn’t think her evidence was enough to put her into LCWRA group 
what’s the chances the tribunal will

The DWP, besides being ignorant in all reconsiderations I've ever lodged, didn't think a passport, national ID card, marriage certificate and letter from the Home Office were sufficient for me to prove I knew my own wife's name better than a stranger (not that it was materially relevant but I didn't appreciate their suggestion I didn't know the name of the person I was married to)..... so don't be disheartened by what is, as above, a step best viewed as a necessary to get to the appeal tribunal where there is likely a substantial chance of changed decision. I would bet my money however they will more credibly assess all of the relevant evidence! I would definitely take the view they will try to be fair and I do not believe you can assume that about DWP Decision makers.

As above.. appeal and if they can attend (by phone if applicable) in person then chances are better. Good luck!

(To add I note this week the DWP minister again pushed back on their commissioned report into disabled claimant experience being published even though for those who took park in the research they believed it would be! The case above is yet another example of the DWP driving claimants into desperate states unnecessarily along with their supporters/family - I'll bet in the research unpublished is more sadly. Brushed under the carpet just as Decision Makers frequently do pertinent evidence)