× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

Really poor medical examinations -fresh ones?

TJL
forum member

Derby advice - Derby Homes

Send message

Total Posts: 251

Joined: 17 June 2010

Is it   possible to have a fresh medical examinations When the original medical awarded nil points for daily   living and   mobility re PIP? (I’ve recently had   2   clients   both nil points with acknowledged conditions)

Peter Turville
forum member

Welfare rights worker - Oxford Community Work Agency

Send message

Total Posts: 1659

Joined: 18 June 2010

TJL - 19 August 2021 11:52 AM

Is it   possible to have a fresh medical examinations When the original medical awarded nil points for daily   living and   mobility re PIP? (I’ve recently had   2   clients   both nil points with acknowledged conditions)

No is the simple answer. The client should challenge the PIP/WCA decision that follows from the HCPs examination report PA4 or ESA/UC85 by way of MR and appeal.

A complaint about the quality of the report can be made to the provider but that should be viewed as a completely separate procedure and will have no impact on the outcome of a challenge to the decision (it is just possible a complaint will lead to the HCP’s report being considered by another HCP an an amended report provided to DWP following which a decision maker might change the original decision - but that is an extremely ‘long shot’ and given the time scales for making a challenge to the decision unlikely to coincide with the MR & appeal stages anyway).

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3117

Joined: 14 July 2014

I had a repeat assessment done once many years ago because the assessor had failed to mention the fact that they already knew the claimant due to having worked together in a nursing home prior to the claimant having developed their illness. The original decision awarded 2 points. That was the only case in which I was able to persuade the DWP that the assessment was fundamentally flawed and needed to be done over altogether. They were re-assessed by a new nurse who scored them at 0 so it was not a useful exercise.

Just use the appeal procedures.

TJL
forum member

Derby advice - Derby Homes

Send message

Total Posts: 251

Joined: 17 June 2010

Yes I thought was the case but   in these 2 cases they   have already followed the   legal and complaints   procedures procedures but be awarded   nil points seems to be ridico;ous beyond belief and examination by another HCP is   of   little   help especially if the health conditions are acknowledged and the text is base d on evidence taken by the interviewing HCP (whose record of what was said is so far off tangent   in terms   of the claimanrs abilities)

Peter Turville
forum member

Welfare rights worker - Oxford Community Work Agency

Send message

Total Posts: 1659

Joined: 18 June 2010

To follow on from Elliot’s point it may just be possible to persuade a decision maker to ask the provider to look at a report again (for example having provided other medical evidence). DM’s have a procedure by which they can refer back to a HCP for advice about the report or other evidence. In one case I dealt with the DM had used that process on their own initiative 4 times and each time a different HCP came back with an increased recommended score (but still not to provide an appropriate award)). However, a claimant is unlikely to be aware that this process has taken place (even if they have requested it) until that information is provided within the DWPs appeal submission (there is a specific form on which the DM can refer back for further advice / opinion).

as Elliot says - use the appeal process!

TJL
forum member

Derby advice - Derby Homes

Send message

Total Posts: 251

Joined: 17 June 2010

It   may   not   have awarded points to sufficient   level (or any) but we are talking acknowledged treated onditions and also the HCP declining to accept evidence -I know I could get the latter point past a tribunal but that   point seems   particurly nasty

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3117

Joined: 14 July 2014

You are not going to persuade the DWP to do-over the assessment report just by saying it is wrong, ignores relevant evidence or whatever. You are just going to get told that the reports are ‘robust’ and if you have an issue with their factual accuracy you should complain to the provider. Having another assessment is not going to magically improve the quality of the HCP reports, it’s just going to prolong the delay and anxiety for your client before it goes to appeal anyway.

TJL
forum member

Derby advice - Derby Homes

Send message

Total Posts: 251

Joined: 17 June 2010

Interestingly my   client advised   me that her   complaint letter seems to have   prompted to look at decision again although this will be within the bounds   of the   known information