We are preparing to apply for a mandatory reconsideration of my son’s PIP award, which has been reduced from 27 points to 4 points. We have now received the Health Professional’s assessment. She justifies some of her zero point decisions partially on “a lack of specialist input or medication” following his initial diagnosis of CFS/ME by a rheumatologist, and also on not undertaking certain therapies (“he has not been taught pacing exercises”). I seem to remember reading somewhere that HPs cannot justify decisions based on a lack of therapies being offered or undertaken. Can anyone guide me on this please?
Peter G wrote: I seem to remember reading somewhere that HPs cannot justify decisions based on a lack of therapies being offered or undertaken. Can anyone guide me on this please?
This is a grey area, the DWP cannot require a claimant to undertake treatment as a condition of their receiving their benefit but historically there have been circumstances where the DWP have assessed someone on the basis of their taking their medication when they weren't this was the case for DLA and was confirmed by Case Law, however, there has been nothing considered for PIP.
I don't know what it is like in your area but where I am there are ME/CFS resources available so it may be a question of there being no training available rather than not having had the opportunity.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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