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What does 'full case check' mean?

mumsgirl
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10 years 11 months ago #104191 by mumsgirl

Replied by mumsgirl on topic What does 'full case check' mean?

Thanks bro for the clarification. I that I thought I read here (or somewhere!) that an HCP wrote to someone's GP when they failed the test to say that they no longer needed to take the pills (I think it was for valium), and also not to issue any more sick lines.

Wish I could remember my other question!

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bro58

10 years 11 months ago #104193 by bro58

Replied by bro58 on topic What does 'full case check' mean?

mumsgirl wrote: Thanks bro for the clarification. I that I thought I read here (or somewhere!) that an HCP wrote to someone's GP when they failed the test to say that they no longer needed to take the pills (I think it was for valium), and also not to issue any more sick lines.

Wish I could remember my other question!

Hi mg,

That is beyond the remit of an ATOS HCP. They are only to quick to state that they are "Disability Analysts" and not there in a "Caring" capacity.

If you do remember your other query, please reply to this topic.

bro58

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mumsgirl
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10 years 11 months ago - 10 years 11 months ago #104233 by mumsgirl

Replied by mumsgirl on topic What does 'full case check' mean?

I'm a bit confused about the SG descriptor that says "Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual". (I know it's come up before but I can't find it, sorry). Does it REALLY mean ALWAYS (100% per cent of the time). It's just that in q16 I would say I fit a) because it causes me significant distress and I am unable to go out 99% of the time (I go out once every 7/10days to Gp or local shop for milk/bread with great difficulty/distress) due my mental illnesses. According to them "you must be able to do the activity safely, to an acceptable standard, as often as you need to and in a reasonable length of time", which I clearly can't, so do I meet the SG descriptor or not?

And what about the other 2 SG descriptors eg Initiating and completing personal action, and coping with change - do they also mean that you can't do them at all 100% of the time?

Or do I just not understand how the descriptors work??

Last edit: 10 years 11 months ago by Gordon.

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Gordon
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10 years 11 months ago - 10 years 11 months ago #104235 by Gordon

Replied by Gordon on topic What does 'full case check' mean?

mumsgirl wrote: I'm a bit confused about the SG descriptor that says "Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual". (I know it's come up before but I can't find it, sorry). Does it REALLY mean ALWAYS (100% per cent of the time). It's just that in q16 I would say I fit a) because it causes me significant distress and I am unable to go out 99% of the time (I go out once every 7/10days to Gp or local shop for milk/bread with great difficulty/distress) due my mental illnesses. According to them "you must be able to do the activity safely, to an acceptable standard, as often as you need to and in a reasonable length of time", which I clearly can't, so do I meet the SG descriptor or not?

And what about the other 2 SG descriptors eg Initiating and completing personal action, and coping with change - do they also mean that you can't do them at all 100% of the time?

Or do I just not understand how the descriptors work??

There has been some recent Case Law that has redefined what always means in the context of SG Descriptor 13. As I am sure you are aware the usual test is the majority of the time, the judge in question ruled that this was insufficient to be called always, but that there must be some level, significantly higher than the majority of the time, which could be accepted as being always.

As usual, there is no clear definition on what this value might be, but if you can successfully argue that you are precluded 90% or more of the time, then this may be sufficient although the higher the percentage the better.

Neither of the other two Descriptors you refer to use the word always, so I believe the standard test of the majority of the time would apply, as covered under ESA Regulation 34(2), as always the more a claimant is unable to do, the more likely they are to be successful in their claim.

Gordon

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

Last edit: 10 years 11 months ago by Gordon.

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bro58

10 years 11 months ago #104236 by bro58

Replied by bro58 on topic What does 'full case check' mean?

Yes G,

This has been discussed recently on rightsnet :

www.rightsnet.org.uk/forums/viewthread/4170/P0/

bro58

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mumsgirl
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10 years 11 months ago - 10 years 11 months ago #104270 by mumsgirl

Replied by mumsgirl on topic What does 'full case check' mean?

I presume 34 (2) relates to Support Group?
Do you think it would be cheeky of me to write on my form that they may wish to use 34 (2) if they don't think I fit any other descriptors? I just worry that if i quote descriptors they might presume I am intelligent (which I am!) and therefore not mentally ill (even though you can be intellegent and ill at the same time, although they don't seem to realise that). Or they might be miffed at me telling them how to do their job (when in fact I am trying to make it easier for them).

Last edit: 10 years 11 months ago by bro58.

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