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Sample assesment report-Condition change Unlikely?

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5 years 7 months ago #217732 by Atebite
On the sample assessment report, at the end the question towards of this:

Based on the available evidence, I consider there to be no requirement to arrange a review of this claim as significant change is unlikely


a) If the assessor tick a Yes to this, confirming that the claimants condition will not improve, infact possibly get worse

How would this advantage the result of the claimant result ?
a)-eg, could they award a Long amount of years for an award,

b) Can they even offer it for longer than 10 years?

c) on this part if the assessor write, they suggest 'no review' -due to Claimants condition not improving in the future.

How can this advantage the result of the claimants result?

d) When the assessor does the report, and ticks for each of the PIP Questions,

Example
Claimant scores E
Claimant scores A
Claimant scores C
Claimant scores D

(each answer having a different amount of points)

Let's say that a total of X points have been noted, from adding them all up
(right after the assessor has filled them in(

and then when they send this 'pointed' report back to the DWP, for them to make a decision, do the DWP often change these points/ or change these answers as they think some of them need to be changed to how the Assessor has given them?

or once the assessor has done the points, and hands the report back to the DWP, then them assessors points are usually final, and the DWP just adds them up and offers the award?

basically can DWP change the points per question, or they usually stick with the assessors version of points, and see that as final?

thank you Gordon

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5 years 7 months ago #217736 by Gordon
Atebite

a - I would expect an On-Going award with review after ten years.

b - No the above is the maximum award, although we have yet to see what happens to claimants at the ten-year mark.

c - I think that there is limited advantage, at best it makes it more likely that the Decision Maker would accept the points recommendation. I don't think it likely that a higher award would be made but having said that, I am not sure that we have seen an On-Going award without at least one component being at the Enhanced level.

d - It would be unusual for the DM not to follow the recommendation of the assessor but it does happen. Points can be added or removed.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: susan , Atebite

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5 years 7 months ago #217746 by Atebite
Thank you Gordon

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5 years 6 months ago #218382 by Atebite
Based on the available evidence, I consider there to be no requirement to arrange a review of this claim as significant change is unlikely

Based on the available evidence, I consider there to be no requirement to arrange a review of this claim as significant change is unlikely

a) If the assessor tick a Yes to this, confirming that the claimants condition will not improve, infact possibly get worse

Your answer Gordon was,

a - I would expect an On-Going award with review after ten years..

Lets say the claimant gets the enhanced rate for Care And Enhanced rate for mobility.
and based on the above, the assessor puts on their report:

Based on the available evidence, I consider there to be no requirement to arrange a review of this claim as significant change is unlikely... with a TICK.


then if the decision becomes, Enhanced care + Enhanced mobility, but for only 2 years (instead of 10)

1) then is that word having a Mandatory reconsideration over? (just the length of the award)


1) Ie, is the 'length' of the award worth having a Mandatory reconsideration over? if the claimant is happy with the rate wards, of Care + mobility?

2) What experience have you had of cases, with Mandatory reconsiderations of the 'time of award' for patients? ie, have they gone for a few years award, to a Longer period of years after the Mandatory reconsideration ?

Thanks Gordon.

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5 years 6 months ago #218396 by Gordon
Atebite

The award length is part of the Decision and can, therefore, be challenged at both MR and appeal. Requesting an MR always results in the full award being reviewed, this does not mean that it will be changed but it is a possibility.

We have seen very few challenges on the length of the award and even fewer successes. Members seem to have had more success when also challenging the award itself.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 6 months ago #218443 by Atebite
Thanks Gordon,

I have received a letter today from DWP saying tha

we now have the information we need to decide if we can award you PIP, no need to contact us, etc

Does that usually mean from the date which that letter was sent in, that the decision has been made? or can still take weeks to be made?


(I am not asking for when the written decision on paper is sent out, but when you can phone them, and they can tell you on the phone that the decision has been made?)

-can the phone decision/ after phoning them, do they have the decision on their computer screen to tell you you award, on the same day of the letter/ days after that letter, weeks after?

(by letter, I mean the above bold sentence letter)

Thanks Gordon

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