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Pip medical report used previous medical

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6 years 5 months ago #210412 by nicster
Hi I wondered if any one can help me....I have just received my medical report for me to then write a mandatory review letter. They scored me 0 points for both components. Where it states justification for their descriptor they have used the previous medical they themselves carried out 2 years previous as justification. This has been used as if the previous medical was a statement of facts despite me successfully overturning this at a tribunal and being rewarded standard care on both (again originally 0 points) My question is is it even legal for this medical assessor to do this use a previous medical? as the previous assessor was no more qualified in my conditions than she was. I also provided a lot of medical evidence myself from specialist doctors and therapists...so there was plenty of professional evidence...which was ignored. I am going to continue with my letter using the guides but wanted to know if there was a legal angle too. Thanks Nic

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6 years 5 months ago #210422 by Gordon
Replied by Gordon on topic Pip medical report used previous medical
nicster

Did you provide details of your Tribunal result with the form?

Unfortunately assessors and Decision Makers are entitled to choose the weight they apply to evidence, that does not mean that their choices are appropriate of correct.

I'm probably stating the obvious but for completeness, you can challenge the age of the information they have used and the fact that they have ignored the Tribunal result in making their recommendation.

Gordon

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

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6 years 5 months ago #210441 by nicster
Replied by nicster on topic Pip medical report used previous medical
Thank you Gordon for such a quick response. I didn't actually put a copy of tribunal decision in with my report as i stupidly thought they would look at that themselves. But I am learning fast when it comes to the DWP include everything and don't make assumptions about common sense.
Initially i was beside myself when reading the medical report but on a positive note i have a lot of points to argue. Glad you mentioned challenging the age of information and ignoring the tribunal result as this clarifies I am going in the right direction with it...at times you really begin to doubt yourself in this process!!!
thanks again Nic
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