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Medical Reports & Decisions?

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13 years 7 months ago #24079 by Audi
Medical Reports & Decisions? was created by Audi
I have been informed that Medical Reports and decisions under the WC or PCA are dealt with independently.

I have also been informed that the Medical Reports and decisions are decided on the examination at the time, not on the history of the benefit claim.!

Is this correct?

I was under the impression that past history was/ maybe looked at - why keep past Medical Reports for years, if not to review.

Also at one of my medical exams with an Atos Doctor they actually refered to a previous Medical Report and associated documentation!!!

Hope someone can clarify this for me.
It would be very helpful with my circumstances!

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13 years 7 months ago #24093 by Steve Donnison
Replied by Steve Donnison on topic Re:Medical Reports & Decisions?
Hi Audi,

An Atos health professional compiles the medical report, a DWP decision maker makes the decision based on that report and any other evidence.

Previous reports may be available to the Atos HP and to the decision maker, but there aren't any regulations about whether they should or shouldn't be taken into account.

In general, it will just be the current report that is considered.

Good luck,

steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 7 months ago - 13 years 7 months ago #24097 by Crazydiamond
Replied by Crazydiamond on topic Re:Medical Reports & Decisions?
Audi wrote:

I have been informed that Medical Reports and decisions under the WC or PCA are dealt with independently.

I have also been informed that the Medical Reports and decisions are decided on the examination at the time, not on the history of the benefit claim.!

Is this correct?

I was under the impression that past history was/ maybe looked at - why keep past Medical Reports for years, if not to review.

Also at one of my medical exams with an Atos Doctor they actually refered to a previous Medical Report and associated documentation!!!

Hope someone can clarify this for me.
It would be very helpful with my circumstances!


Medical reports are compiled by healthcare professionals employed by Atos under contract to the DWP. The actual decisions on entitlement are made by decision makers employed by the DWP, and decisions on IB/ESA entitlement are taken at the time of the appropriate PCA/WCA.

Records are held of previous medical assessments as they are often used in adverse IB/ESA decisions before appeal tribunals. Upper Tribunal Judges and formerly Social Security Commissioners invariably have in their decisions, said where a previous PCA/WCA was successful, it may very well be useful to take into account the evidence from that medical assessment to evaluate the extent of improvement, if any, of the appellant, particularly if the contention is that there has been no improvement in a medical condition.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 7 months ago by Crazydiamond.

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13 years 7 months ago #24099 by Audi
Replied by Audi on topic Re:Medical Reports & Decisions?
Thank you Steve & Crazydiamond.
Your replies help a great deal, very much appreciated.

Do you know where I would find out the answer to my post on the 'Data Security Breach ' now on page 2.
Again this could be very important to me.
Audi

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13 years 7 months ago #24115 by Derek4
Replied by Derek4 on topic Re:Medical Reports & Decisions?
Hi Audi

I'd just like to add that although there is no obligation for the DWP to provide previous medical reports to a tribunal, they stated to the tribunal at my appeal that they had an 'extensive search' for it but was unable to find it. (I provided a copy myself).

This does at least suggest that they feel there is a requirement or expectation for it to be produced. If you scored a large number of points previously and score almost nothing at your next medical, it will be relevant for a tribunal to consider the apparent progress.

Also, if somebody failed their previous medical but successfully appealed against it, the Upper Tribunal may consider looking at an even earlier medical report, as a successful appeal proves a report to be unreliable.

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13 years 7 months ago #24118 by Audi
Replied by Audi on topic Re:Medical Reports & Decisions?
Thanks very much DepressedDerek

All this information will be very useful to me and I hope others.
Audi

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