New copy and paste phrase

I personally have not challenged it. If I do find the need to address HCP report at all, I limit myself to gross inaccuracy only, something for example completely contradicting other evidence, like client observed walking (but the assessment was on the phone or client has no lower limbs)

As per other colleague’s advice here, I focus on the activities and entitlement because it would drive me insane to address the pile of manure, nugget by nugget.

Couldn’t agree more Jo, but would be interested to know if anyone who did not succeed at appeal had used this as a ground to challenge to the Commissioner, best to all, Kevin

I think there are plenty already

Here are a few examples

Mr Commissioner Heggs in CM/166/1998

  “pain can be born in stoic silence” (paragraph 3)

Mr Commissioner Jacobs in CDLA/0902/2004

“Now that those medical professionals who are expert in pain do not recognise a direct link between clinical findings and pain, it is no longer rational for tribunals to reason simply from the clinical findings on examination to the level of pain that a claimant experiences. Tribunals must investigate the evidence of the claimant’s pain and explain how they have dealt with it. As there is no direct causal link between disease or injury and pain, the only direct evidence of pain can come from the claimant” (paragraph 15)

Tribunal of Commissioners R(DLA)4/06

“For example, commonly a claimant has some physical disorder (eg a disc problem) but owing to psychological problems (or “psychogenic overlay”) experiences physical symptoms to a substantially greater extent than would have been expected as a result of the physical disorder alone” (paragraph 102)

If only there were some way of getting case law to decision makers eh…

Thank you so much Plumstead Community Law Centre, stars all ... I must also consider a complaint to the Ombudsman / ICE (unlikely ICE, as I have little confidence in them) ... but the Ombudsman might make a helpful ruling, Kevin