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LCWRA reasonable adjustments

yarni

I'm Autistic ADHD dyslexic dyspraxic, have anxiety panic attacks and depression.

On LCWRA for 18 months its being reviewed like many others.

Since on UC 2019 I have a representative who's my carer (who's typing this for me)

Untill a few weeks ago this was accepted as a reasonable adjustment, now been told I have to phone them to have a representative. One of my reasonable adjustments is the representative speaking for me on the phone and typing on my UC journal. Also this was accepted when I had my capacity for work assessment, and other previous engagement with UC offices.

Due to the review I will be phoned, I don't answer phone calls. Some of the reasons being; I have situational mutism, I have processing difficulties my disabilities make this so traumatic for me

I've been threatened with sanctions if I don't

I've asked again for this reasonable adjustment via my online journal, but am being ignored.

I've asked CAB and other charities for advice, but they haven't been able to help me.

Any advice would be appreciated.

Thank you

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Comments

poppy123456

You mention a review, have you received a letter on your journal telling you they are referring you for another work capability assessment?

Or is this a review of your actual UC claim to check it's correct and not another work capability assessment?

If you're unable to manage your own claim due to mental health or other conditions you can have an appointee. The appointee will be responsible for managing your claim, including receiving all future forms, answering questions during any assessments and your money going into the appointees bank account.

https://www.gov.uk/become-appointee-for-someone-claiming-benefits

yarni

https://forum.scope.org.uk/discussion/comment/903237#Comment_903237

Hi it's a UC review, not a work capability assessment.

An appointee has been mentioned by a charity and said it takes several weeks.

Any suggestions about my reasonable adjustments requests? As I believe they will support me at least in the short term.

Thanks for any suggestions.

poppy123456

Thanks for confirming that. Yes you can ask for a reasonable adjustment, just tell them that you have situational mutism and will not be able to speak on the phone yourself.

yarni

https://forum.scope.org.uk/discussion/comment/903275#Comment_903275

Thank you poppy.

I Have done this via the online journal, but am told I have to do it via a phonecall.

poppy123456

That's quite an insult as you have situational mutism. Seems like the person who advised you that, isn't aware what that condition is.

Jimm_Alumni

Hello @yarni (and carer!) welcome to the community 😊 I'm sorry to hear about what you're going through.

Can I just clarify, you are asking as a reasonable adjustment to not communicate via phone, but they are demanding you request that reasonable adjustment via a phone call?

Getting an appointee can take some time, however there is also the ability to give someone 'explicit consent' to help you deal with your claim. As detailed on the gov.uk site here: Universal Credit consent and disclosure of information - GOV.UK (www.gov.uk)

You can do this at any point during your claim, and it can be provided face to face, over the phone, or in writing.

They should accept such consent given in writing. I hope this might help give you a way forward in dealing with this situation. Please do keep us updated with anything else that happens.

yarni

https://forum.scope.org.uk/discussion/comment/903351#Comment_903351

Hi Jimm,

Thank you for your help.

My representative did this for me, but was told by the work coach explicit consent can not be done in writing on my journal, but had to be on the phone. So then with the help of my carer/representative I asked again for reasonable adjustments so that the carer could be my reasonable adjustment.

That was over last 2 weeks, but they have not replied to the requests.

yarni

For clarity I am asking to not speak on phone as a reasonable adjustment.

Which I thought was already in place as I haven't spoken to them via phone for years and was part of the adjustments I requested years ago. Previous work coaches have accepted this.

Jimm_Alumni

https://forum.scope.org.uk/discussion/comment/903371#Comment_903371

I wonder if you direct them to the gov.uk site that specifically says you can do so in writing if they will continue saying it must be done over the phone? If they reject 'in writing on journal' then must a letter be sent? Seems like silly bureaucratic nitpicking to me.

CatherineMC

Can you write to your local MP? I had an issue with DWP once and wrote to the MP for Clapham and he was really helpful. This is barbaric!!!

yarni

https://forum.scope.org.uk/discussion/comment/903546#Comment_903546

Hi Catherine,

Our MP has ignored all past correspondence regarding wildlife, the NHS and other subjects my carer has emailed him about. So we don't believe he'd be very helpful.

I do appreciate your suggestion and am glad it helped you.

Thank you

Albus_Alumni

Heya @yarni has your MP stayed the same after the election? You may have some better luck contacting them now.

CatherineMC

https://forum.scope.org.uk/discussion/comment/903669#Comment_903669

I reckon it’s worth a try!!

yarni

https://forum.scope.org.uk/discussion/comment/903669#Comment_903669

Hi Albus,

Same MP unfortunately by only a handful of votes.

Thank you for the comment.

CatherineMC

May be time to seek a solicitor then. Or Citizens Advice Bureau. Cannot let this continue.

yarni

@Jimm_Scope

Used your suggested link to backup the request. (Thanks again)As told again could not do it on journal. If that fails will make a complaint and use this info found today.

This was found which confirms you can use your online journal to request the explicit consent.

https://www.whatdotheyknow.com/request/january_2024_consent_and_disclos#incoming-2673693

yarni

Made a complaint via the journal to the manager. Last week

Asked for reasonable adjustments again and for explicit consent again. And said not getting text notifications regarding UC journal.

BTW have offered disability evidence last year, but was told not needed as on LCWRA.

Monday's reply

Regarding explicit consent via the journal as part of universal credit. Please see following link

Explicit consent as you have advised can be provided in writing, on the telephone or face to face at any time during a Universal Credit claim, but on the above link it does not last the full claim time.

It is hard for work coach and I to accept the written explicit consent as we know that yourself carers name is leaving messages on yarnis behalf. Hence why we are asking for the call etc from / with yarni.

I understand that you are yarni's carer. Are you getting carers allowance etc for this? Have you applied for PIP etc for yarni given the health conditions advised?

Would you be happy to become an appointee for yarni? If the health conditions are impacting as you have stated. Then we can talk / call you rather than needing explicit consent to be given by yarni.

appointee link

We are very happy to implement and reasonable adjustments once verified / accepted.

https://www.gov.uk/government/publications/consent-in-universal-credit/consent-in-universal-credit

yarni

As the carer I find this like catch 22.

Yarni Cant easily give verbal consent due to her disabilities, but she has to as they won't accept it written, even though they did previously.

Yet they accept my written complaint.

They won't implement reasonable adjustments untill verified/accepted unsure what that actually means, but have tried to give them disability evidence other than the UC50 as it came after that assessment and they didn't want it.

On the UC50 I was allowed to speak on yarni's behalf, as yarni got extremely distressed and couldn't answer.

And I know this is to protect the claimant, but I know all the personal details of yarni.

To be an appointee I can do that on yarni's behalf, but they will need to visit and talk to yarni and myself. This I know will cause great distress and it feels as though this is their only solution.

Total catch 22

I'm finding this all very stressful and maybe because I'm autistic it seems unjust to me.

Thanks for reading and any support replies it's much appreciated.

Carer

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