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PIP facts assessor, PA4 and decion maker AWARD
- jim555
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5 years 3 months ago #242650 by jim555
PIP facts assessor, PA4 and decion maker AWARD was created by jim555
Please can someone clarify how the descriptor and resulting award gets allocated and the ultimate decider at each of the stages.
So after assessment by the HCP.. they complete the PA4 form, with associated claimant information. Do they also select the applicable descriptor choice at that time? - If yes, are they not obliged to assess and include all the relevant medical evidence even if it was submitted on the assessment date? What if, the claimant sends the relevant supporting evidence via post to DWP on the assessment date then the HCP would be missing relevant medical evidence relating to applicable descriptors they already chose on assessment day? ... Therefore, is the DWP decision maker just overlooking the PA4 and evidence and rubber stamping the HCP's report and descriptors and sending award letters to claimant?
My question is how will / or can the claimant find out if the HCP selects a certain descriptor and afterwards the DWP decision maker disagrees and changes the selected descriptor?
If no, then it must be the decision maker at DWP who assesses the information on PA4 and then selects the applicable descriptor for the claimant? If so this contradicts how the PA4 form presents itself suggesting the HCP allocates the applicable descriptor to the claimant for decision makers approval?
If important information such as primary medication was absent from the PA4 form but included by claimant in the PIP Questionnaire - Does this automatically go in favor of the claimant at tribunal stage - supporting relevant other information (verbal this time) was given at assessment but not included in the PA4 report?
Or does the absent of medication listed need to be directly connected with the descriptor in question at appeal stage eg. "What help you need with medication.."
Also, if the HCP doesn't have the experience or qualifications relating to the claimants difficulties eg mental health related... Does this carry much weight at tribunal stage, arguing that a different descriptor may/ should have been decided if the HCP was different or specifically qualified and experienced, in assessing mental health claimant cases?
How do you go about arguing that at tribunal?
Thanks
So after assessment by the HCP.. they complete the PA4 form, with associated claimant information. Do they also select the applicable descriptor choice at that time? - If yes, are they not obliged to assess and include all the relevant medical evidence even if it was submitted on the assessment date? What if, the claimant sends the relevant supporting evidence via post to DWP on the assessment date then the HCP would be missing relevant medical evidence relating to applicable descriptors they already chose on assessment day? ... Therefore, is the DWP decision maker just overlooking the PA4 and evidence and rubber stamping the HCP's report and descriptors and sending award letters to claimant?
My question is how will / or can the claimant find out if the HCP selects a certain descriptor and afterwards the DWP decision maker disagrees and changes the selected descriptor?
If no, then it must be the decision maker at DWP who assesses the information on PA4 and then selects the applicable descriptor for the claimant? If so this contradicts how the PA4 form presents itself suggesting the HCP allocates the applicable descriptor to the claimant for decision makers approval?
If important information such as primary medication was absent from the PA4 form but included by claimant in the PIP Questionnaire - Does this automatically go in favor of the claimant at tribunal stage - supporting relevant other information (verbal this time) was given at assessment but not included in the PA4 report?
Or does the absent of medication listed need to be directly connected with the descriptor in question at appeal stage eg. "What help you need with medication.."
Also, if the HCP doesn't have the experience or qualifications relating to the claimants difficulties eg mental health related... Does this carry much weight at tribunal stage, arguing that a different descriptor may/ should have been decided if the HCP was different or specifically qualified and experienced, in assessing mental health claimant cases?
How do you go about arguing that at tribunal?
Thanks
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- BIS
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5 years 3 months ago #242653 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP facts assessor, PA4 and decion maker AWARD
Hi James
None of the moderators are assessors, now do we have any knowledge of the inner workings of the DWP so I cannot answer your question about what they select when or at what time in the process they read the evidence or when they choose the descriptors. If you want to know if anything was changed you would need to ring or write to the DWP and ask.
I cannot tell you what the tribunal will say about medication other than if you feel no notice was taken of it, then you need to point in out in your evidence. I don't think it matters where you flag it up, except to show why it is relevant.
Regarding the qualifications of the assessor. All assessors are deemed to have the qualifications to assess mental health under the PIP criteria. You won't get very far saying that the person is not qualified. You may be able to argue that your consultant (if you have evidence from one) has much more experience in dealing with mental health and cite their letter.
What you need to show is where you weren't awarded points for your mental health, where you should have been and what evidence you believe was ignored and wrong assumptions were made. Trying to emphasise a person's lack of qualifications will not necessarily see you awarded more points. It is the criteria that matter.
BIS
None of the moderators are assessors, now do we have any knowledge of the inner workings of the DWP so I cannot answer your question about what they select when or at what time in the process they read the evidence or when they choose the descriptors. If you want to know if anything was changed you would need to ring or write to the DWP and ask.
I cannot tell you what the tribunal will say about medication other than if you feel no notice was taken of it, then you need to point in out in your evidence. I don't think it matters where you flag it up, except to show why it is relevant.
Regarding the qualifications of the assessor. All assessors are deemed to have the qualifications to assess mental health under the PIP criteria. You won't get very far saying that the person is not qualified. You may be able to argue that your consultant (if you have evidence from one) has much more experience in dealing with mental health and cite their letter.
What you need to show is where you weren't awarded points for your mental health, where you should have been and what evidence you believe was ignored and wrong assumptions were made. Trying to emphasise a person's lack of qualifications will not necessarily see you awarded more points. It is the criteria that matter.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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