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Supplementary Advice Notes
- Gordon
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8 years 2 months ago #150410 by Gordon
Certainly, the longer the DWP have to respond the better, that way if they fail to do so in a reasonable timescale you can apply to the court for the information.
If they do not provide any reasons and this is a real possibility, then your primary strategy does not change, you need to show that your client meets the criteria for an award, you can then argue that the original report supported this and that this unjustified "new" report should be ignored on the basis that the first report was produced by the person who saw your client, that there is no evidence that the report was not fit for purpose and that the second report was produced by someone who did not see your client and there is no evidence to support their conclusions.
Of course, if you are hoping for a higher award than was recommended by the first report then you may need to turn this around and show that there are problems with the original report as well. This is why it's important to concentrate first on why an award should be made and then deal with the reports.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Supplementary Advice Notes
Matsarh wrote: So can I send that request for the reasons in now, even though we don't yet have a date for the hearing? Should be interesting as the DWP didn't know the reason today and they have lost the DM's decision letter to my client.
If they are unable to provide the reason where does that leave us? Is it likely that we get to the hearing and they tell us we need a new medical assessment? Not sure if my client is up to the stress of this!
Certainly, the longer the DWP have to respond the better, that way if they fail to do so in a reasonable timescale you can apply to the court for the information.
If they do not provide any reasons and this is a real possibility, then your primary strategy does not change, you need to show that your client meets the criteria for an award, you can then argue that the original report supported this and that this unjustified "new" report should be ignored on the basis that the first report was produced by the person who saw your client, that there is no evidence that the report was not fit for purpose and that the second report was produced by someone who did not see your client and there is no evidence to support their conclusions.
Of course, if you are hoping for a higher award than was recommended by the first report then you may need to turn this around and show that there are problems with the original report as well. This is why it's important to concentrate first on why an award should be made and then deal with the reports.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Matsarh
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- foss27
8 years 2 months ago #150609 by foss27
Replied by foss27 on topic Supplementary Advice Notes
Hi
Have you got the full copy of the second assessors report giving the reasons why they changed all the scores on the first report.
Seems to me this might be illuminating as well.
Have you got the full copy of the second assessors report giving the reasons why they changed all the scores on the first report.
Seems to me this might be illuminating as well.
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- Matsarh
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8 years 2 months ago #150620 by Matsarh
Replied by Matsarh on topic Supplementary Advice Notes
Yes, it says the DWP asked them to review the case (no reason why) then proceeds to contradict the things the original assessor said about handling her belongings and her emotional responses to the assessment. Then based on the fact that my client said she does crochet, goes to church and uses the Internet, they feel it is likely that she can manage all her activities for the majority of the time, reliably and safely. All without meeting her!
Given that there is no reason given as to why the DWP wanted a second opinion, everyone should be worried that they could do this to anyone.
Given that there is no reason given as to why the DWP wanted a second opinion, everyone should be worried that they could do this to anyone.
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- foss27
8 years 2 months ago #150621 by foss27
Replied by foss27 on topic Supplementary Advice Notes
It certainly is a worrying development.
I wonder if a FOI request should be submitted asking how often a decision maker does this.
I wonder if a FOI request should be submitted asking how often a decision maker does this.
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