pip home visit

Jonathan

I haven't seen this case before so will need to read it before responding.

Gordon

Jonathan

I've had a good read of this new Decision.

I think that this new ruling sufficiently diminishes that of Judge Mark that we should not refer to it again on the forum, but I do not believe that it prevents the argument that a report produced by, for example a physiotherapist, in regard to a claimant with primarily Mental Health issues may be deficient.

What it does do is require the claimant to show that this is the case and why, which is a position that we have always taken when offering advice in regard to challenging the assessment report for a Mandatory Reconsideration and/or Appeal.

The new ruling takes the view that Disability Analysts are given training in regard to the ESA Descriptors and a wide range of conditions, sufficient for them to carry out assessments (paragraphs 34 & 35).

However, I think that it is clear from paragraph 36 that this does mean that it is acceptable for the assessor to have no or insufficient knowledge of the claimants conditions where such lack of knowledge would have an impact on the quality of the report that they would produce and consequently on any Decision made.

My opinion, for what it is worth, is that In relaity this ruling actually changes little, it is still down to the claimant to make what arguments that believe are relevant to their case.

Gordon