× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

Decision maker disregarding Health assessment report

CMILKCAB
forum member

Benefits advisor, NHS Project - Castlemilk CAB, Glasgow

Send message

Total Posts: 92

Joined: 17 June 2010

Just had a decision where client awarded 4 points for Daily Living descriptors (incontinence and mixing with people) following face to face consultation.
However have copy of the Health Assessment report in which the nurse has clearly identified a need for prompting and encouragement in the areas of preparing a meal,  dressing and washing. Backs up her reasoning on basis of clients obvious depression and acute anxiety at the consultation and her medication. Also advises revision in two year.

At a loss to see why the decision maker has ignored the nurses findings and scored 0 points for these descriptors.
Have submitted MR request on basis of the DWPs own tedious submission of the “Health professionals being experienced and fully trained to carry out such assessments including mental state assessments” and “The HP enables CMs to make fair and accurate decisions by providing impartial, objective and justified advice.” I await the outcome with interest.

Was just wondering if anyone else has come across a similar situation??

CDV Adviser
forum member

Nestor Financial Group Ltd

Send message

Total Posts: 493

Joined: 20 January 2016

I dealt with a case a few months ago where the DM had not awarded points despite the HCP stating the client needed aids. This was changed on MR.

BC Welfare Rights
forum member

The Brunswick Centre, Kirklees & Calderdale

Send message

Total Posts: 1366

Joined: 22 July 2013

Yeh, I’ve seen it a few times.

In one case, HCP recommended Mobility 1b (requiring prompting due to overwhelming psychological distress) and 2C (Moving Around). 1b was initially accepted by DWP but no award for 2C. On MR, 2C was awarded but 1b then removed. No reason for removing 1b given - but obviously it meant that she ended up with SRM instead of ERM. The [expletives deleted]

Jon (CANY)
forum member

Welfare benefits - Craven CAB, North Yorkshire

Send message

Total Posts: 1362

Joined: 16 June 2010

I saw one recently where points were removed from two categories in the HCP’s recommendation, to just leave 7 and so no award.

I got the impression the DM was working backwards from the level of award they wanted to give, but I’m not sure what can be done about it apart from the normal MR/appeal.

BC Welfare Rights
forum member

The Brunswick Centre, Kirklees & Calderdale

Send message

Total Posts: 1366

Joined: 22 July 2013

Jon (CHDCA) - 21 October 2016 02:02 PM

I got the impression the DM was working backwards from the level of award they wanted to give

Exactly that Jon.

In my case above the Tribunal were exactly the same. Their SOR said that they preferred the evidence of the HCP to the claimant about everything, except, what do you know, Mobility 1C where they preferred the claimant’s evidence to the HCPs! Thus enabling them to deny the award of ERM that the HCP had recommended [more expletives]

CMILKCAB
forum member

Benefits advisor, NHS Project - Castlemilk CAB, Glasgow

Send message

Total Posts: 92

Joined: 17 June 2010

MR decision received today

“I have changed the descriptors back to what was originally awarded at the assessment”

Now both standard rates for 3 years. Great outcome ( Nice wee £1500 in time for Christmas 😊 ) but highlights a shocking level of decision making.