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Level of prompting permissible at WCA Assessment

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7 years 8 months ago #166333 by Robert Black
I would welcome advice about how much I can prompt a claimant during his WCA medical for ESA.

I am going to a WCA on 02/09, as a supportive companion with a socially inhibited anxious middle-aged man with Aspergers.

The claimant's mother has typed out extensive notes for him to take and to refer to during his assessment and has given me an identical copy.

I am wondering whether it is permissible for me if necessary, to repeatedly direct the claimant's attention to specific parts of his notes, to ensure he says all the things his mother has advised him to say and to which he has agreed.

I am also wondering whether the assessor has any right during the WCA to see the notes which the claimant and I will be referring to during the assessment.

Thank you.

Robert

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7 years 8 months ago #166345 by Gordon
R

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I'm afraid there are no clear cut rules on this situation, it is likely to be up to the assessor on the day.

Does the claimant have a lack of insight into their conditions or is it simply a matter of communication?

If the former then I would think that there is a valid reason for you to provide additional input to the assessment.

If the latter then I think it presents clear problems as the assessor can take the view that the claimant is not expressing their view of their problems, but rather someone else's who will have a vested interest in the claimant being given an award.

The best I can suggest is for you to raise the issue on the day and see what the assessor says. You need to be aware that your pushing the issue could result in your being aske to leave the room and even for the assessment to be terminated for failing to participate.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #166353 by Robert Black
Replied by Robert Black on topic Level of prompting permissible at WCA Assessment
Hi Gordon,

Thank you your excellent advice, much of which I had not previously thought of, far less considered a possibility. I will certainly take heed of your helpful advice.

Like lots of the unfamiliar challenges which I have encountered in trying to navigate the ESA system to enable a vulnerable claimant remain on ESA, I tend to come at things with pre-suppositions and expectations which do not hold and at times are potentially counterproductive.

The forum and the advice provided by you and your colleagues at Benefits and Work is invaluable.

If your site did not exist, I rather suspect the vulnerable claimant whom I support would have been deprived of ESA benefit years ago.

With sincere thanks,

Robert
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