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WCA. Does Maximus/DWP gather further evidence?
- Ted Pea
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5 years 9 months ago #234355 by Ted Pea
WCA. Does Maximus/DWP gather further evidence? was created by Ted Pea
Hi,
I'm writing a follow up letter of complaint to the DWP about my recent PIP and WCA assessments.
It appears that the PIP AP should gather further medical evidence where necessary, but I don't know if this is the case for ESA/WCA.
It seems they won't investigate breaches of the Equality Act, or Duty of Care, and they've informed me that 'all processes followed, and procedures undertaken properly.'
So I'm looking for any point of procedure that they've ignored.
The PIP assessor definitely neglected to gather further evidence, contrary to procedure, and it would be helpful if the WCA assessor did so, too. (She definitely didn't collect any further evidence, but I don't know if she should have done)
I'm convinced that someone in the DWP has ordered a coordinated attack on both my benefits, but sadly I can't prove this at all.
Cheers, Ted.
I'm writing a follow up letter of complaint to the DWP about my recent PIP and WCA assessments.
It appears that the PIP AP should gather further medical evidence where necessary, but I don't know if this is the case for ESA/WCA.
It seems they won't investigate breaches of the Equality Act, or Duty of Care, and they've informed me that 'all processes followed, and procedures undertaken properly.'
So I'm looking for any point of procedure that they've ignored.
The PIP assessor definitely neglected to gather further evidence, contrary to procedure, and it would be helpful if the WCA assessor did so, too. (She definitely didn't collect any further evidence, but I don't know if she should have done)
I'm convinced that someone in the DWP has ordered a coordinated attack on both my benefits, but sadly I can't prove this at all.
Cheers, Ted.
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- BIS
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5 years 9 months ago #234363 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic WCA. Does Maximus/DWP gather further evidence?
Hi Ted Pea
I have seen this in the handbook for healthcare professionals
"At Filework, a HCP, who has been trained in the Filework process, reviews the
Med 3 details as well as any information made available by the claimant, and may
decide that further medical evidence (FME) is required. The FME may be
requested from any healthcare professional involved in the claimant’s care. All
information is then reviewed, looking for any evidence that suggests the claimant
does not require a face-to-face assessment to determine their level of disability. "
I could not find anywhere that it says they "must" seek further evidence. (but I did only do a quick skim read). You can have a look yourself in the DWP Resources - it's called the WCA Handbook
www.benefitsandwork.co.uk/help-for-claimants/esa1
BIS
I have seen this in the handbook for healthcare professionals
"At Filework, a HCP, who has been trained in the Filework process, reviews the
Med 3 details as well as any information made available by the claimant, and may
decide that further medical evidence (FME) is required. The FME may be
requested from any healthcare professional involved in the claimant’s care. All
information is then reviewed, looking for any evidence that suggests the claimant
does not require a face-to-face assessment to determine their level of disability. "
I could not find anywhere that it says they "must" seek further evidence. (but I did only do a quick skim read). You can have a look yourself in the DWP Resources - it's called the WCA Handbook
www.benefitsandwork.co.uk/help-for-claimants/esa1
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ted Pea
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- Ted Pea
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5 years 9 months ago #234425 by Ted Pea
Replied by Ted Pea on topic WCA. Does Maximus/DWP gather further evidence?
The DWP, when questioned about the current high level of MR rejections, state that people usually have a positive result when they have presented further evidence.
If the only problem is a lack of evidence, then they're apparently not doing their job.
(And they don't even have the courtesy to tell you that the only problem is evidence.)
I'm staggered at their behaviour, and that they've always 'followed policy,' as they said on the death of six stone, Stephen Smith.
Cheers.
If the only problem is a lack of evidence, then they're apparently not doing their job.
(And they don't even have the courtesy to tell you that the only problem is evidence.)
I'm staggered at their behaviour, and that they've always 'followed policy,' as they said on the death of six stone, Stephen Smith.
Cheers.
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- BIS
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5 years 9 months ago #234428 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic WCA. Does Maximus/DWP gather further evidence?
Hi Ted
Despite what I said the other day in the ESA handbook it says this
The importance of medical evidence
Following the first independent review of the work capability assessment by Professor Harrington in 2010, the DWP claim that they have now empowered decision makers to take a much more proactive role in deciding claims, rather than simply acting as a rubber stamp for Maximus health professionals’ reports.
This should have meant that instead of accepting the health professional’s findings in 98% of cases, as was happening before 2011, decision makers should take into account all available evidence and reach their own conclusion. In the words of a minister the importance of the Maximus report has been ‘downgraded’.
However, this means that either the claimant or the decision maker must collect additional medical evidence in order to have something to set against the CHDA evidence, other than your completed ESA50 or UC50 form. So, if you possibly can collect medical evidence then do so. If you can’t, for example because your GP or specialist will only supply it in return for a large fee then ensure that the decision maker is aware of the health professionals that you think should be contacted.
If the decision maker fails to contact your health professionals, but relies instead solely on a Maximus report, or on no report at all, then this is an issue you may wish to raise during a mandatory reconsideration or at an appeal.
BIS
Despite what I said the other day in the ESA handbook it says this
The importance of medical evidence
Following the first independent review of the work capability assessment by Professor Harrington in 2010, the DWP claim that they have now empowered decision makers to take a much more proactive role in deciding claims, rather than simply acting as a rubber stamp for Maximus health professionals’ reports.
This should have meant that instead of accepting the health professional’s findings in 98% of cases, as was happening before 2011, decision makers should take into account all available evidence and reach their own conclusion. In the words of a minister the importance of the Maximus report has been ‘downgraded’.
However, this means that either the claimant or the decision maker must collect additional medical evidence in order to have something to set against the CHDA evidence, other than your completed ESA50 or UC50 form. So, if you possibly can collect medical evidence then do so. If you can’t, for example because your GP or specialist will only supply it in return for a large fee then ensure that the decision maker is aware of the health professionals that you think should be contacted.
If the decision maker fails to contact your health professionals, but relies instead solely on a Maximus report, or on no report at all, then this is an issue you may wish to raise during a mandatory reconsideration or at an appeal.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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