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mental illness, advice needed.

jonathan1981jonathan1981 Member Posts: 1 Listener

I'm sorry if this is already covered in another thread somewhere. My  ex-partner is on UC but has been off for about a year with a fit note from the Dr. She has severe social anxiety, depression, a recent mental breakdown and i would say some more un-diagnosed mental illness. She has in the past been to the local mental health teams but they have always put her off taking it any further than medication, saying things like 'do you really want to be labelled' and such like. So today she received a phone call to say that her capability assessment decision was that she could work. She can barely leave the house, cant pick the kids up from school which is only 100m away, breaks down regularly at the onset of any stress or change which in tern leads to suicidal thoughts. I work 6 days a week and help out as much as i can, but she needs that little bit of money to help her live, and now they are looking to take that away from her and make her work. It's very apparent to anyone that shes in absolutely no state to work. One of the problems is, when in the past she has been to the job centre she spends the day before preparing herself mentally to go so when they see her she doesn't seem all that bad. What can we do, any guidance or suggestions would be very welcome. 

Thank you. 


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi and welcome,

    I'm one of the community champions here on scope and i'm here to help and advise others.

    She now has 1 month from the date of the decision to request the Mandatory Reconsideration (MR) this should be put in writing stating which group she thinks she should be placed into and her reasons why. She should also send relevant evidence with the letter to support her claim because they rarely contact anyone for this.

    Most MR decisions remain the same so it's very likely she'll have to take it to Tribunal. Appearing in person will give her the best chance of a decision in her favour. The only downside is that waiting times for hearings are huge in most parts of the country and she could be waiting a year for a hearing date. Add this onto the waiting time for the MR decision and it could potentially be well in excess of a year.

    If none of those apply then look at substantial risk, although this link states ESA, the work capability assessment for UC is exactly the same process. Reg 35 at the bottom will be LCWRA and this is the main route to be placed into this group for those with mental health. https://cpag.org.uk/welfare-rights/resources/article/making-exception

    Good luck and i hope this helps.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • woodbinewoodbine Community Co-Production Group Posts: 4,105 Disability Gamechanger
    She could also apply for PIP
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    woodbine said:
    She could also apply for PIP

    Indeed she can and thanks for that, i think my brain is dead tonight :D

    Do remember though that PIP isn't awarded based on a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. See links.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @jonathan1981, and a very warm welcome to the community.

    How are things with yourself and your wife at the moment?

    It sounds like things are really tough for you both at the moment. Here is some information on how to help someone who has depression, which also includes ways you can look after yourself.

    Also, is your wife currently having any support with her mental health? Here is a directory of the mental health support which is in your area.

    Please do let us know how you are both doing and if there is anything else we can do to help. :)

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