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ESA - Wrong diagnosis
- AW71
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8 years 5 months ago #144257 by AW71
ESA - Wrong diagnosis was created by AW71
Hi, I'm currently assisting a client with PIP appeal, this client has recently been placed into the Support Group for ESA so I wondered whether obtaining a copy of the medical report might help with the appeal for PIP. Upon receiving the ESA85A it turns out that my client has been diagnosed by the healthcare professional as suffering with Alzheimer's disease which in fact he is not. He does have a neurological condition which does give him cognitive impairment but they have said his impairment is due to Alzheimer's - should we rectify this with the Dept (ESA) or just leave them to believe this is what our client has. I fear our client may struggle to obtain ESA again if we inform them their information is wrong, as he hasn't had a full diagnosis of what he is actually suffering with.
Has anyone else ever come across this - I'd be surprised if not!
Many thanks
Has anyone else ever come across this - I'd be surprised if not!
Many thanks
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- Gordon
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8 years 5 months ago - 8 years 5 months ago #144289 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Wrong diagnosis
AW
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This is an extremely tricky question, which I think I will struggle to provide a definitive answer for, it will be something that the claimant has to make a decision on.
Claimants have an obligation to report material errors on their claim, even if they are not the ones that have created the error, failing to do so can result in the claimant receiving a Civil Penalty.
Reporting this error could result in your clients award being re-assessed and even the current award being reconsidered.
I think it likely that the claimant reportedly having Alzheimer's disease would have influenced the Decision made by the DWP Decision Maker, although to what extent is impossible to say.
However, in opposition to this, your client has not claimed on the basis of the suffering from Alzheimer's disease and the assessor is offering an opinion, I do not believe that they could accurately diagnosed this condition in a benefit assessment and this assumes that they have the skills to do this in the first place.
So I am afraid it is back to your client.
Gordon
Welcome to the forum
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
This is an extremely tricky question, which I think I will struggle to provide a definitive answer for, it will be something that the claimant has to make a decision on.
Claimants have an obligation to report material errors on their claim, even if they are not the ones that have created the error, failing to do so can result in the claimant receiving a Civil Penalty.
Reporting this error could result in your clients award being re-assessed and even the current award being reconsidered.
I think it likely that the claimant reportedly having Alzheimer's disease would have influenced the Decision made by the DWP Decision Maker, although to what extent is impossible to say.
However, in opposition to this, your client has not claimed on the basis of the suffering from Alzheimer's disease and the assessor is offering an opinion, I do not believe that they could accurately diagnosed this condition in a benefit assessment and this assumes that they have the skills to do this in the first place.
So I am afraid it is back to your client.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 5 months ago by Gordon.
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- AW71
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8 years 5 months ago #144372 by AW71
Replied by AW71 on topic ESA - Wrong diagnosis
Thanks for your guidance on this.
The notice actually says the Med 3 suggests the client has cognitive impairment (which he has) or mental disorder due to Alzheimer's. So I'm not sure if the Med 3 actually says he has Alzheimer's or whether they're jumping to conclusion.
It also goes on to say that the available evidence suggests improvement is unlikely in the longer term (which is what you would expect with Alzheimer's).
Anyway.......thanks again for your guidance.
A
The notice actually says the Med 3 suggests the client has cognitive impairment (which he has) or mental disorder due to Alzheimer's. So I'm not sure if the Med 3 actually says he has Alzheimer's or whether they're jumping to conclusion.
It also goes on to say that the available evidence suggests improvement is unlikely in the longer term (which is what you would expect with Alzheimer's).
Anyway.......thanks again for your guidance.
A
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8 years 5 months ago #144396 by Gordon
If you have a Med-3 (Fit Note) which states Alzheimer's, then this totally changes the advice I would give. When you originally posted this was an issue of a material fact in error, if a Fit Note has been issued by the claimants GP stating that Alzheimer's is a possible diagnosis, then the statements by the assessor are reasonable and no action needs to be taken.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Wrong diagnosis
AW71 wrote: Thanks for your guidance on this.
The notice actually says the Med 3 suggests the client has cognitive impairment (which he has) or mental disorder due to Alzheimer's. So I'm not sure if the Med 3 actually says he has Alzheimer's or whether they're jumping to conclusion.
It also goes on to say that the available evidence suggests improvement is unlikely in the longer term (which is what you would expect with Alzheimer's).
Anyway.......thanks again for your guidance.
A
If you have a Med-3 (Fit Note) which states Alzheimer's, then this totally changes the advice I would give. When you originally posted this was an issue of a material fact in error, if a Fit Note has been issued by the claimants GP stating that Alzheimer's is a possible diagnosis, then the statements by the assessor are reasonable and no action needs to be taken.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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