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Decision Maker using an old assessment
- Lynn MFT
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4 years 2 months ago #255438 by Lynn MFT
Decision Maker using an old assessment was created by Lynn MFT
In my recent Mandatory Reconsideration Notice, the Decision Maker(DM) has referred to a previous assessment to up hold their decision not to allow points on a certain descriptor.
Can a DM do this? I thought they could only look at the most recent evidence presented?
Can a DM do this? I thought they could only look at the most recent evidence presented?
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- Catherine
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4 years 2 months ago #255443 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Decision Maker using an old assessment
Hello girlfriinho,
Yes, unfortunately they are. They are also allowed to cross check between benefits, e.g esa and PiP.
Catherine
Yes, unfortunately they are. They are also allowed to cross check between benefits, e.g esa and PiP.
Catherine
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- Ashley_W
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4 years 2 months ago #255444 by Ashley_W
Replied by Ashley_W on topic Decision Maker using an old assessment
This can be a really challenging aspect of the assessment process - and one that caught out a friend I used to be a Carer for.
It emerged during a tribunal, that a DWP rep, present unexpectedly (to us) had evidently decided to challenge elements of the current position by calling on previous statements. Given that my friend was assaulted at work and suffered a brain injury, and then had to struggle at every stage of her benefit claims, this seemed to me especially callous!
Sorry to hear you have also found that the history of your claim, including assessments, can be used in this way.
It emerged during a tribunal, that a DWP rep, present unexpectedly (to us) had evidently decided to challenge elements of the current position by calling on previous statements. Given that my friend was assaulted at work and suffered a brain injury, and then had to struggle at every stage of her benefit claims, this seemed to me especially callous!
Sorry to hear you have also found that the history of your claim, including assessments, can be used in this way.
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- Catherine
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4 years 2 months ago #255461 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Decision Maker using an old assessment
Hi girlfrinho,
Just to let you know that you are not alone. I am currently working on a MR where the assessor has done just the same thing.
In the previous assessment the lady was awarded enhanced care and mobility, so she simply celebrated and did not ask for the consultation report (PA4). Frustratingly, we are now having to defend the fact that she did not challenge the fact that she was incorrectly scored 0 on some activities, even though it made no difference to her award.
Just to let you know that you are not alone. I am currently working on a MR where the assessor has done just the same thing.
In the previous assessment the lady was awarded enhanced care and mobility, so she simply celebrated and did not ask for the consultation report (PA4). Frustratingly, we are now having to defend the fact that she did not challenge the fact that she was incorrectly scored 0 on some activities, even though it made no difference to her award.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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