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Subject: "PCA - not fully performed" First topic | Last topic
jason
                              

caseworker, halton district CAB, widnes
Member since
26th Feb 2004

PCA - not fully performed
Thu 21-Jul-05 08:44 AM

cl has appeal listed for 27/07, interviewed her yesterday. disallowed ICB on total of 3pts physical, 2pts MH.

cl had PCA 2weeks after discharge from hospital following major surgery to abdominal area. AMO states repeatedly in PCA that each area (limbs/back etc) NOT examined as cl recently post-op, goes on to justify 3pts from rising descriptor and nil for remainder on "observed behaviour" at PCA.

cl rightly feels PCA was not conducted properly and i am mindful to seek an adjournment for a furterh PCA to be performed

any ideas/relevant comms decisions?

  

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Replies to this topic
RE: PCA - not fully performed, northwiltshire, 25th Jul 2005, #1
RE: PCA - not fully performed, A Wood, 26th Jul 2005, #2

northwiltshire
                              

welfare rights officer, c.a.b. n.wiltshire
Member since
26th Jan 2004

RE: PCA - not fully performed
Mon 25-Jul-05 12:53 PM

You should most certainly complain via your MP if possible and possibly to the General Medical Council clearly the doctor was negligent.For the appeal you need too work out the relevant descriptors but also use ICB reg 27 exceptioal circumstances as a safety net,particularly sub section (d)(as PER original 1996 wording,and the 'Howker arguement) clearly 2 weeks after an abdominal op the claimant should be considered to be undergoing a major therapuetic procedure . My exprience has been the client nearly always gets 15 pts as it is easier for the panel to justify the descriptors than reg27. Good Luck.

  

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A Wood
                              

Welfare Benefits Adviser, Brent CAB, London NW10
Member since
08th Jul 2005

RE: PCA - not fully performed
Tue 26-Jul-05 03:54 PM

I had a case recently were there is some doubt about whether or not the person carrying out the Medical was actually a doctor. I made a complaint to Belfast customer services who were quite helpful, although the issue is not yet resolved.
The reason I mention this is because DWP customer services said that if the medical was not conducted properly the appeal would be dropped and ICB re-instated. So there might be no reason to have a second medical if you can show that the medical was not conducted properly, which seems self-evident.
It is certainly worth complaining to the DWP about the conduct of the medical as a seperate matter.

  

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