My wife was assessed by a physiotherapist who made a number of decisions based on assumptions outside her sphere of knowledge. For example, she based the length of award on assumptions about potential changes her chest conditions which she did not discuss at the assessment. She also made a decision about her ability to get around without having measured/timed my wife's speed of walking in respect of the "reliability" rules. Has anyone had success at a tribunal in getting decisions overturned because of inappropriately qualified assessors?
The assumption will be that the assessor is qualified to have carried out the assessment as they have completed training and examinations set by the DWP.
Your concern over the award length may give you some leverage to show that they lack knowledge of your wife's conditions, however, I think that their opinions about your wife's walking are unlikely to be considered in the same way.
Your wife will only win her appeal by showing that she meets the criteria for an award, so this must be your first consideration in preparing her case for the appeal.
I would start by going through her PIP2, the assessment report and our PIP Claim guide to make sure that you have shown that she meets the legally defined criteria listed in the guide.
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
