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LCWRA mandatory reconsideration

4 replies

IndiganDop · 08/03/2023 00:11

Recently received LCwRA interview result - LCW but not LCWRA.
I have posted on here before about my son, he has autism, selective mutism, a history of depression and spends 98 percent of his time in his bed. I have to force him to bathe and we only manage this once a fortnight. He was doing a supported internship but they said they couldn't find a placement they could adjust enough for his severe communication problems. He never leaves the house. I am his appointee and have to completely manage his UC claims. He has never spoken to anyone at DWP. He sat in the interview not looking at the assessor or speaking with her. He said one phrase "I don't remember", to me, in relation to the support he got at camhs. I am certain he should have been awarded LCWRA. The thought of him having to meet a job coach to write a cv or attend courses is panicking me. He has only just climbed out of a severe depression that lasted 3 years. As if writing a CV will solve his communication difficulties!
He should have been awarded on the basis of communication, at least - unable to communicate a simple message to a stranger, 15 points.

What opportunity do I get to fight this via mandatory reconsideration? How do I know what bollocks the assessor wrote? Can I argue against what she reported? Or would I have to wait for tribunal?

He was awarded high rate pip, for both, for 4 years with no assessment interview recently - he scored 25 points on care, you need 12 for high rate. So I am confused that one department is acknowledging his high needs while another seems to think some help writing a CV and a couple of courses will solve his complex needs...he also qualifies for carer support under care act, btw. Currently 3 hours a week supporting lifeskills (shopping and getting out of the house).

OP posts:
MinnieEthel · 08/03/2023 02:34

So sorry to hear this OP. Sounds like he should definitely have LCWRA. Pop a note on his journal asking for a copy of his medical assessment. They'll send it to you. Then I'd go hard with the MR - dispute everything in the assessor's report with examples. Send in any medical evidence they haven't already got, plus supporting statements from anyone who knows him - a statement from the internship provider explaining his communication difficulties would be great, for example. Then if you do have to go to appeal, you've done the bulk of the work already. Evidence is key.

If the medical report doesn't arrive quickly, call them up and ask for an extension of the one-month MR deadline and follow up the call by putting a note on your journal to confirm the conversation and the new deadline date.

Best of luck.

MinnieEthel · 08/03/2023 02:40

Just to add, the criteria for PIP and LCW/LCWRA are different (as I'm sure you know) but I agree it's mad how you can get such differing outcomes. You can always send in his PIP award/medical report as evidence for his LCWRA claim though. It will back up what you're saying. The DWP departments don't talk to each other!

IndiganDop · 08/03/2023 07:03

@MinnieEthel "a statement from the internship provider explaining his communication difficulties would be great, for example."

This was included! As was his care act assessment.

Is it wrong of me to think that the assessor had decided that selective mutism means "choosing not to speak"? We will see.

OP posts:
IndiganDop · 08/03/2023 07:06

Thank you for your reply btw! You were up late!

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