- Posts: 51125
ESA and WRAG what to do ????
- Gordon
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mrjohnno wrote: Last I heard the person seeing you should be specific to the field and this was the reason given as to why when attending an assessment some people who arrive later may be seen earlier. I know that in reality this is not true because the lady who done my assessment asked me to tell het where T12 is on the spine.
ATOS do try to use assessors who have relevant knowledge to the claimants conditions, but there is no legal requirement for them to do so and the simple fact is that they do not have the staff available to do so in many cases, however, the claimant is perfectly entitled to question the validity of any report produced by an assessor who reasonably would be expected to lack the skills to have carried out the assessment with no knowledge of the conditions involved. For example; an Upper Tribunal Decision earlier this year cast significant doubt on the ability of a physiotherapist to assess claimants with Mental Health problems, ATOS and the DWP are still outstanding to reply to this judgement, with an action plan to deal with the issue.
Gordon
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- mrjohnno
Gordon wrote: ATOS do try to use assessors who have relevant knowledge to the claimants conditions, but there is no legal requirement for them to do so
There is a legal requirement when they produce a document stating that they will. I have a lawyer under retainer for unrelated matters and he got me a nice little earner the middle of last year on this matter. Are they still saying that professionals related to the person's condition will be used or has it changed?
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- Gordon
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- Posts: 51125
mrjohnno wrote: There is a legal requirement when they produce a document stating that they will. I have a lawyer under retainer for unrelated matters and he got me a nice little earner the middle of last year on this matter. Are they still saying that professionals related to the person's condition will be used or has it changed?
I am afraid that you are mistaken, the only legal requirement is that that the assessor is trained to a suitable level in Disability Assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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