LCW expectations

Crazydennie

My daughter has a recently been given LCW and we are tryiing to decided whether to ask for Mandatory reconsideration.

She is on the spectrum and currently she can't engage socially with anyone on a regular basis and and never with anyone unfamilar. I have to attend all appointments with her as there is no one else she trusts to support her. I have LCWRA and can't cope with lots of appointments.

How much social interaction does LCW involve?

KxMx

With LCW they can't force you to apply for work, but the person must undertake work preparation activities. CV writing, training courses, attending appointments with an external agency are typical examples. 

Work coaches have some leniency, but some are more reasonable than others and while you might at first get someone understanding, there is always the risk they leave and you get someone unreasonable.

I feel from what you've written that descriptors 12 or 13 would apply, also possibly point 4 Substantial Risk (regulation 35). 

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

To qualify under a descriptor if you cannot do an activity reliably, repeatedly, safety and in a reasonable timescale, then you are treated as unable to do the activity at all.

The odds of a different decision are very low for MR, but improve considerably for an independent appeal tribunal hearing (especially if appearing verbally or in person). 

There are advice agencies able to help support and guide you through the process.

https://advicelocal.uk/welfare-benefits

poppy12345

Crazydennie said:

 I have LCWRA and can't cope with lots of appointments.

I'm not saying she doesn't qualify for LCWRA but please remember that her claim is about her, not you. 

Muttleythefrog

May well be worth challenging especially if the LCW you feel is safely established. Look at relevant LCWRA descriptors including special circumstances (like 'Substantial risk if not found to have LCWRA') and make a strong case for any relevant in the MR and, assuming no change in decision with that MR, at an appeal tribunal. If you feel none are applicable then I would be reluctant to engage the stress and processes liable to fail to change outcome and focus her efforts on working with working coach to get as best tailoring to circumstances as possible... as above could be hit and miss depending on the coach.

HillStreetBlues

poppy12345 said:

Crazydennie said:

 I have LCWRA and can't cope with lots of appointments.

I'm not saying she doesn't qualify for LCWRA but please remember that her claim is about her, not you. 

The OP is talking about theirself (OP would find it hard going to lots of appoints with their daughter).

Crazydennie

Thank you all. 

When I speak about the my ability to attend appointments It is because I feel they have assessed her based on the fact that I can support her with these appointments.  I know that that is not what is supposed to happen but I don't understand the decision.  How are they expecting her to engage if she can only engage with my support.  It feels like they have accepted that she is going to struggle to engage socially hence the LCW but then decided she can engage socially with no support.  This is not the case.

Could she or would she engage meaningfully with work related activities with my support? Probably
Could she or would she engage meaningfully with work related activities without my support? No

HillStreetBlues

The "support from another person" I feel can be misleading and should be based on an average person not a certain person.
If your daughter can only to stuff with you and not anyone else then your daughter can not do tasks even with support.
For years I was in LCW group and they left me alone but that changed and wanted me to start attending courses so I asked for a review and that failed ended up going to a Tribunal and won.