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Supplementary Advice Notes
- Matsarh
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We have received the bundle for an appeal of PIP decision. Looking through it the medical professional who conducted the assessment has scored 8 points for Daily Living in her report. However, two weeks later a Supplementary Advice Note was completed changing all the scores to 0, this has been done by another HP as the Note says the DWP asked for advice on the case. It is not the reconsideration, it was done before the award decision was made.
Would you know on what basis a second HP can make these changes? She never met my client or spoke to her on the phone. She refers briefly to the GP report but there is nothing on there to change anything previously known, and if anything adds to the history of my client's condition.
Would appreciate any information
Thanks
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- foss27
Please see pages 61`62 on this link.
www.gov.uk/government/uploads/system/upl...assessment-guide.pdf
Do you have the PA5/6 it refers to in your bundle? If not perhaps you should ask for it as well as the request for the second look at the report. All this should give you an indication as to why it was requested.
In relation to the actual changing of the scores you should get the PA5/6 which will give full reasons for making the changes.
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- Matsarh
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Thank you again for the pointers, much appreciated.
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- Matsarh
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I looked in the bundle and we have the P6, but there is no reason given other than 'requested by DWP' So I rang them and they said they did not have the reason recorded on the system, but Capita might know so try them. I rang Capita and they said DWP don't often given them a reason unless they feel the medical report needs reworking, which this didn't as they have replied on P6. So we have a Supp Note, which for no recorded reason, completely changes the report done by the person who saw my client and who ticked different descriptors. Do they HAVE to supply a reason for doing this?
Thanks again
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- Gordon
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Matsarh wrote: Hi again
I looked in the bundle and we have the P6, but there is no reason given other than 'requested by DWP' So I rang them and they said they did not have the reason recorded on the system, but Capita might know so try them. I rang Capita and they said DWP don't often given them a reason unless they feel the medical report needs reworking, which this didn't as they have replied on P6. So we have a Supp Note, which for no recorded reason, completely changes the report done by the person who saw my client and who ticked different descriptors. Do they HAVE to supply a reason for doing this?
Thanks again
It's reasonable for you to ask the DWP for an explanation of the changed scoring, the Decision Maker is supposed to justify any differences between their scoring and that recommended by the assessor.
As this is now at the appeal stage, you must make the request via the Tribunal Service rather than direct to the DWP. If the DWP refuse then you can ask the court to make the request on your behalf, this will carry more weight.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Matsarh
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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!
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