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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

What do Dr’s know about disabling conditions?

Tracey D
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Welfare benefits advisor - Peterborough City Council

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Somone seems to have beefed up the usual ESA appeal template. The one I am currently reading states:

“The healthcare professional is much better placed than a customer’s GP or specialist to provide advice on the work capability assessment and related issues”

The reasoning for this is

“A clinician does not routinely consider the functional restrictions or disabling effects of conditions that they treat. They are unlikely to have received specific training in assessing disablities in their medical education and may have considerable difficulty in giving an accurate assessment or forming an opnion in relation to the functional restrictions experienced by their patient”.

Anyone got an argument to counter that?

David Holcombe
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Chest, Heart and Stroke Welfare Rights Adviser, Citizens Advice and Rights Fife,

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TD - 21 October 2011 03:06 PM

Anyone got an argument to counter that?

Nothing that could be reproduced in public or polite company.

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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If your tribunals are like those here, no one reads the submission anyway, so I am not sure you should waste too much time addressing it. Sometimes, usually in a fit of barely suppressed outrage, we write something to counter the claims made in a submission.

If you are similarly moved to comment, I would suggest writing to the DWP to ask for details of the specific training that is given, and to ask how much of the assessment is influenced by the recommendations of the LIMA package, and how much is actually down to clinical or “trained” judgement. You genuinely need no training at all to assess that someone who can genuinely walk for 5 minutes at a normal or slow pace without difficulty is unlikely to be restricted to walking less than 200 metres- it is a matter of readily obtainable information about walking speeds and common sense.

Often, some of what is said in the report brings into question any claim that the HCP assessment is likely to be more reliable for whatever reason.

Examples would include a recent case where a person with severe COPD was said to walk for 30 minutes to the end of her road each day. We pointed out that the end of her road is no further away that 250 metres, which begs the question why it would take 30 minutes.

In another case, a person of whom the specialist said she would be likely to need hip replacement in the next few years was scored 12 points by a doctor (and then 18 on a revised decision by the DM). By the next assessment, the consultant had noted that the hip had deteriorated so rapidly that total hip replacement was now required, but had to be postponed until psoriasis brought under control. HCP, who we were told was trained, expert, independent, etc, etc, scored her 6 points (on same ESA criteria as earlier assessment). We pointed out that this did not seem logical in view of the expert assessment of the previous HCP and the clear deterioration in the clinical picture - decision revised.

In addition, if the GP seems supportive, you could copy that part of the submission to him/her and invite his/her comments. Sometimes we have had very strong replies!! One in particular stands out. A client with a difficult stump had problems with her prosthetic leg. HCP advised unlikely to be problematic and commented on consultant’s evidence along the lines that he would not be assessing her walking ability, etc, etc. Consultant saw this and fired back a scathing critique of the HCP advice

That said ,sometimes GP or other evidence seems supportive but doesn’t really stand up to scrutiny. I currently have case where consultant supports HRMC, saying client can barely manage 50 yards to nearest bus stop, but HCP and we know bus stop is much further away than that (about 150 to 200 metres)

.

dbcwru
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Darlington Welfare Rights, Darlington Borough Council

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One then wonders why our clients bother to see a GP or Specialist at all?? :-).
Most of the HCP’s havent got a clue, they ignore all the ESA50 and any additional medical evidence and make opinions on cursory observations.examinations. They do not have x ray eyes, or the benefit of an MRI scan and their recommendations are often frankly dangerous.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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“The healthcare professional is much better placed than a customer’s GP or specialist to provide advice on the work capability assessment and related issues”

You might want to point that out to the Doctor at the tribunal and invite him/her to snort with derision.

Tracey D
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Welfare benefits advisor - Peterborough City Council

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dbcwru - 25 October 2011 01:37 PM

One then wonders why our clients bother to see a GP or Specialist at all?? :-).
Most of the HCP’s havent got a clue, they ignore all the ESA50 and any additional medical evidence and make opinions on cursory observations.examinations. They do not have x ray eyes, or the benefit of an MRI scan and their recommendations are often frankly dangerous.

The DWP is taking over from the NHS - think of the huge savings we can make by closing down the NHS and using ATOS. Miracle cures for all manner of illnesses and disabilities just by claiming your free ESA prescription…

dbcwru
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Darlington Welfare Rights, Darlington Borough Council

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TD - 26 October 2011 08:11 AM
dbcwru - 25 October 2011 01:37 PM

One then wonders why our clients bother to see a GP or Specialist at all?? :-).
Most of the HCP’s havent got a clue, they ignore all the ESA50 and any additional medical evidence and make opinions on cursory observations.examinations. They do not have x ray eyes, or the benefit of an MRI scan and their recommendations are often frankly dangerous.

The DWP is taking over from the NHS - think of the huge savings we can make by closing down the NHS and using ATOS. Miracle cures for all manner of illnesses and disabilities just by claiming your free ESA prescription…

The thing that most of the UK isnt aware of that Atos is a computer firm, NOT a medical institution-its morally wrong.