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ref 1st assessors reports.findings And Tribunals
- apples6
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5 years 2 months ago #245041 by apples6
ref 1st assessors reports.findings And Tribunals was created by apples6
Hi B+W
Is it the case? as I have been told by a person connected to Benefits advising: Thank you
That post assessors /assessments : they said that the assess...... says they reject the diagnosis which has been diagnosed by a medical personnel eg gp or Consultant or Mental Health Clinical,
depending on which the condition was eg osteoarthritis or depression and so on..
That at Tribunal it happens at times that one or more of Tribunal panel:
again say using osteoarthritis that the person "should/could o descriptor x whichever the one is using an eg or prepare a meal,
and with eg ME/PVFS person could do not sure what though I heard of one that said person could walk for 15 mins though they could not.
and for depression or another psychological condition the person could do X sorry I cannot think of a particular task.
a.. By the above at Tribunal they have wither a disagreed with the patients clinician /consultant etc
and or b disagree as above that person with condition x y x etc can do task descriptor.
What then could the person/ claimant /transferee if a person made to DLA to PIP
Many thanks
Is it the case? as I have been told by a person connected to Benefits advising: Thank you
That post assessors /assessments : they said that the assess...... says they reject the diagnosis which has been diagnosed by a medical personnel eg gp or Consultant or Mental Health Clinical,
depending on which the condition was eg osteoarthritis or depression and so on..
That at Tribunal it happens at times that one or more of Tribunal panel:
again say using osteoarthritis that the person "should/could o descriptor x whichever the one is using an eg or prepare a meal,
and with eg ME/PVFS person could do not sure what though I heard of one that said person could walk for 15 mins though they could not.
and for depression or another psychological condition the person could do X sorry I cannot think of a particular task.
a.. By the above at Tribunal they have wither a disagreed with the patients clinician /consultant etc
and or b disagree as above that person with condition x y x etc can do task descriptor.
What then could the person/ claimant /transferee if a person made to DLA to PIP
Many thanks
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- Gordon
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5 years 2 months ago #245050 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ref 1st assessors reports.findings And Tribunals
apple
Forgive me but I'm not entirely sure what you are asking.
Assessors are entitled to state their opinions, that is not to say that they are always correct, the claimant needs correct and if necessary undermine those opinions during the MR or an appeal.
Tribunal panel members are also entitled to come to their own conclusions about whether the claimant meets the PIP criteria. They need to justify their Decision but it is not a given that will accept what the claimant has said.
Gordon
Forgive me but I'm not entirely sure what you are asking.
Assessors are entitled to state their opinions, that is not to say that they are always correct, the claimant needs correct and if necessary undermine those opinions during the MR or an appeal.
Tribunal panel members are also entitled to come to their own conclusions about whether the claimant meets the PIP criteria. They need to justify their Decision but it is not a given that will accept what the claimant has said.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- apples6
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5 years 2 months ago #245052 by apples6
Replied by apples6 on topic Apologies I missed words at end..ref 1st assessors
Last line needs to read:
What then could the person/ claimant /transferee if a person made to DLA to PIP do to rectify correct this "wrong"? Sorry for omission when I 1st wrote this...Q
Many thanks
Hi B+W
Is it the case? as I have been told by a person connected to Benefits advising: Thank you
That post assessors /assessments : they said that the assess...... says they reject the diagnosis which has been diagnosed by a medical personnel eg gp or Consultant or Mental Health Clinical,
depending on which the condition was eg osteoarthritis or depression and so on..
That at Tribunal it happens at times that one or more of Tribunal panel:
again say using osteoarthritis that the person "should/could o descriptor x whichever the one is using an eg or prepare a meal,
and with eg ME/PVFS person could do not sure what though I heard of one that said person could walk for 15 mins though they could not.
and for depression or another psychological condition the person could do X sorry I cannot think of a particular task.
a.. By the above at Tribunal they have wither a disagreed with the patients clinician /consultant etc
and or b disagree as above that person with condition x y x etc can do task descriptor.
*What then could the person/ claimant /transferee if a person made to DLA to PIP do to rectify correct this "wrong"?*
Many thanks
Apples6
What then could the person/ claimant /transferee if a person made to DLA to PIP do to rectify correct this "wrong"? Sorry for omission when I 1st wrote this...Q
Many thanks
Hi B+W
Is it the case? as I have been told by a person connected to Benefits advising: Thank you
That post assessors /assessments : they said that the assess...... says they reject the diagnosis which has been diagnosed by a medical personnel eg gp or Consultant or Mental Health Clinical,
depending on which the condition was eg osteoarthritis or depression and so on..
That at Tribunal it happens at times that one or more of Tribunal panel:
again say using osteoarthritis that the person "should/could o descriptor x whichever the one is using an eg or prepare a meal,
and with eg ME/PVFS person could do not sure what though I heard of one that said person could walk for 15 mins though they could not.
and for depression or another psychological condition the person could do X sorry I cannot think of a particular task.
a.. By the above at Tribunal they have wither a disagreed with the patients clinician /consultant etc
and or b disagree as above that person with condition x y x etc can do task descriptor.
*What then could the person/ claimant /transferee if a person made to DLA to PIP do to rectify correct this "wrong"?*
Many thanks
Apples6
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- Gordon
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5 years 2 months ago #245055 by Gordon
There's no single answer to this but you would need to correct, undermine and refer those making the Decision to your evidence.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Apologies I missed words at end..ref 1st assessors
apples6 wrote: *What then could the person/ claimant /transferee if a person made to DLA to PIP do to rectify correct this "wrong"?*
Many thanks
Apples6
There's no single answer to this but you would need to correct, undermine and refer those making the Decision to your evidence.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- apples6
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5 years 2 months ago #245056 by apples6
Replied by apples6 on topic ref 1st assessors reports.findings And Tribunals
Thank you Gordon I have just sent a small clarification (or hope I have )
what I was am trying to ask if the person being assessed or had been assessed provided a clinicians/consultants or similar medically qualified .
appropriate persons documentation saying
Person a or whoever it is has condition x or y
eg as I gave
A diagnosis Osteoarthritis for eg (they may be x rays too again as an eg)
or B they have depression again with documentation by clinician
Can the assessor ignore the clinical evidence and say I disagree that this person has o/a or depression or whatever the clinician documented evidence says., thereby disagreeing with the medical consultant doctor of the claimant .
Following if the situation goes to Tribunal ,can the Tribunal ignore the clinical evidence ?
and as I put if the person had osteoarthritis say I of the tribunal say they could prepare meal etc
and if it was depression for eg say this person can communicate socialise ete even again if documentation by clinicians supports the person? thanks.
I guess shorthand is can assessors and Tribunals ignore the clinical evidence and documentation .
Someone who does benefits advice has told me that is is something that is currently happening.
I have put just two conditions I guess there could be a myriad of conditions.
What could the claimant do if anything? after Tribunal?
? Re apply I have no idea
many thanks sorry if any confusion
what I was am trying to ask if the person being assessed or had been assessed provided a clinicians/consultants or similar medically qualified .
appropriate persons documentation saying
Person a or whoever it is has condition x or y
eg as I gave
A diagnosis Osteoarthritis for eg (they may be x rays too again as an eg)
or B they have depression again with documentation by clinician
Can the assessor ignore the clinical evidence and say I disagree that this person has o/a or depression or whatever the clinician documented evidence says., thereby disagreeing with the medical consultant doctor of the claimant .
Following if the situation goes to Tribunal ,can the Tribunal ignore the clinical evidence ?
and as I put if the person had osteoarthritis say I of the tribunal say they could prepare meal etc
and if it was depression for eg say this person can communicate socialise ete even again if documentation by clinicians supports the person? thanks.
I guess shorthand is can assessors and Tribunals ignore the clinical evidence and documentation .
Someone who does benefits advice has told me that is is something that is currently happening.
I have put just two conditions I guess there could be a myriad of conditions.
What could the claimant do if anything? after Tribunal?
? Re apply I have no idea
many thanks sorry if any confusion
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- Gordon
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5 years 2 months ago #245058 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ref 1st assessors reports.findings And Tribunals
apple
It is important to understand that it is not the condition that is being looked at but the limitations that result, so two people could have Arthritis, one may be able to run marathons and the other cannot walk 20m.
So, there may be no doubt that you have a condition it is whether you meet the PIP criteria that there is discussion.
You need to provide a detailed and consistent account of your problems, let me give you an example that I have seen more than once in the forum, the claimant says that the walking is limited to less than 20m but when asked, confirms that they go shopping once a week. I'm not saying these two statements have to be incompatible with each other but it is understandable if it raises concerns.
The assessor, Decision Maker and Tribunal panel have to come to their own conclusions, they don't have to agree with what the claimant is saying.
Gordon
It is important to understand that it is not the condition that is being looked at but the limitations that result, so two people could have Arthritis, one may be able to run marathons and the other cannot walk 20m.
So, there may be no doubt that you have a condition it is whether you meet the PIP criteria that there is discussion.
You need to provide a detailed and consistent account of your problems, let me give you an example that I have seen more than once in the forum, the claimant says that the walking is limited to less than 20m but when asked, confirms that they go shopping once a week. I'm not saying these two statements have to be incompatible with each other but it is understandable if it raises concerns.
The assessor, Decision Maker and Tribunal panel have to come to their own conclusions, they don't have to agree with what the claimant is saying.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: apples6
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