Author Topic: clinical review  (Read 362 times)

Fiz

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clinical review
« on: 28 Jun 2018 06:11PM »
Someone I know applied for PIP (first application since onset of condition) and went to their f2f and then was notified by the DWP that they had not been given any award. They requested a copy of the assessment which was full of incorrect information and lies. They sent off further evidence, a lot of which was repeated from the initial application but some further evidence gathered with their request for a mandatory reconsideration. Some of the evidence from the consultant rheumatologist and the physio stated that what the assessor said the claimant could do, was not possible. The MR came back saying the DWP are not changing their decision so they requested appeal to tribunal.

Since then a government assistant answered their correspondence requesting support by saying they were contacting ATOS about some anomalies in the assessors report. The DWP have responded by saying they are making a clinical review of the case.

What could this mean? The DWP have already turned down a request for an MR so why could they now be stating they are making a clinical review?

Obviously the claimant hopes this might mean an indeterminate wait for a tribunal date might not be needed as the DWP might change their decision but are their hopes in vain? Can the DWP change their decision after they've notified the claimant that their decision remains the same following the MR?

This is something I've not come across before. 

Monic1511

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Re: clinical review
« Reply #1 on: 28 Jun 2018 08:20PM »
Fiz

It used to be fairly common that the decision maker who was preparing the appeal file, copy of papers and statement of the facts of the case, would look at the decision and they could overturn it in the claimants favour without going to appeal.

Since the staff have been cut and the introduction of PIP this has been less common.  I suspect its more to do with staffing levels than anything else.

If the decision is overturned in his favour he still has the right to appeal that decision if its not what they want but as usual they will be risking the newest award if they did that.

They should really put a complaint into atos or the health care assessor centre, tribunal judges will ask if the report is so inaccurate why did you not complain,  similarly dwp can fall back on the fact that there are very few complaints made to the assessment companies about the lies their staff tell.  Yes its easier to harrange the DWP worker but they make decisions based on the inaccurate report from the assessor.

Fiz

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Re: clinical review
« Reply #2 on: 29 Jun 2018 06:43AM »
It used to be fairly common that the decision maker who was preparing the appeal file, copy of papers and statement of the facts of the case, would look at the decision and they could overturn it in the claimants favour without going to appeal.

I'd thought that was what was happening during the mandatory reconsideration. I hadn't realised they could then look at it again after the mandatory reconsideration and before the tribunal.


They should really put a complaint into atos or the health care assessor centre, tribunal judges will ask if the report is so inaccurate why did you not complain,  similarly dwp can fall back on the fact that there are very few complaints made to the assessment companies about the lies their staff tell.  Yes its easier to harrange the DWP worker but they make decisions based on the inaccurate report from the assessor.

Yes they made an official complaint to Atos against the nurse who assessed the husband previously after that assessment report was full of lies. And their MP has also raised a complaint against her. The husband's award went from nothing to enhanced at Tribunal demonstrating quite a difference.

Now with the son's assessment report also full of lies saying he's able to do things that both the consultant in rheumatology and his physio say that he's unable to do and he demonstrated his inability to do things during the assessment and yet the report states he's able to do these things with no problems.

Their MP has again made an official complaint about the nurse and my friend has done the same. Plus the evidence from the specialist medics treating the son stating he's unable to do what the nurse claimed he could went with their request for the MR and they said there that the assessment is totally untrue and inaccurate.

The MP's caseworker who wrote to the DWP about the anomalies in the assessment report has now had the response that they're making a clinical review of the assessor's report. My friend thinks that may have been triggered by the MP's official complaint about the nurse as well as the caseworker also pointing out inconsistencies in the report. So they have complained to Atos about the nurse and how what she stated wasn't true and isn't possible. Neither they nor the MP have received a response to their complaints as yet.

They know what points the son should get, as they did with the husband so that'll influence their decision as to whether they accept an offer now or continue to tribunal. The tribunal agreed with them which points the husband should have been awarded so I think that's made them more confident to pursue the correct award for the son. The caseworker used to work for the DWP and they respect his advice too.

I really hope that this clinical review leads to the correct award so they don't have to proceed to tribunal. His award will be lower than the husband's I would think though I obviously haven't asked them what award they think he should get.