You would not think by some of the content of my posts that I suffer badly from Fibromyalgia, brain Fog, and some other mental issues that could knock out a horse.
One minute I am firing on six cylinders and the next I can't keep my eyes open.
Because I have spent many years writing Risk assessments and method statements and in the negotiation of Wages and conditions, since retiring on ill health many years ago, I am still being head hunted for my skills and expertise.
MY Q UESTION: to the Secretary of State, Is a Charted a legal document?
When having an assessment is it a requirement that I have a MEDICAL ASSESSMENT AT THE END?
Does the Third Party company have the right to assess me if I say I refuse to send in Medical information until I receive a Valid ID number to show they understand the content of the information sent by me from the people that treat me?
My contract to supply information is to the Secretary of State to use in the Benefits I apply for, why don't, when asked by the claimant, have the assessor show his I D on the appropriate medical register, in most cases including home visits are not even worn by them, and the claimant is told that they do not have to show a ID since the report is NOW: ONLY A RECOMENSATION TO THE DECISION MAKER.
WHICH GOES AGAINST EVERY CHARTER I HAVE INCLUDING THE DATA PROTECTION ACT THE MANDATORY RECONSIDERATION, AND FREEDOM OF INFORMATION ACT. BUT, is still used?
I might be asking later this week to start a poll of people who wish to be added to my list as the other thing they have not told you about is COMPENSATION CLAIMS. I have to ask Admin once I have had a reply from London hopefully later this week.
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onebigvoice
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Hi @onebigvoice - as ever, a HCP's assessment is only a recommendation, & only part of a PIP claim. As ever, which at least I've seen on another forum, you question why HCPs don't have a valid ID.....well they won't be on a medical register as they're not Drs, but will be registered with their professional bodies. I have tried to explain this as a long retired physio also saying with the background I have that physios, nurses & paramedics will understand the difficulties that many face, but of course not all. Even the best Dr in the world wouldn't understand every disorder.
As far as PIP goes, there is no medical assessment, which I know you however dispute.
One will get the PIP one deserves yes they lie I have seen it that really happens and until I saw it I never believed it but ultimately why should the state pay PIP money to people who most of the time can function perfectly normally. It does support those who need it as it should but just having Fibro doesn’t allow you the right to access full pip payments.
The assessors are not Drs they are registered health professionals so get over it and accept the system works for those who are really disabled and works less well for those who have Fibro which let’s not lie about it is a spectrum of good days and bad. Realise this may annoy people but someone has to say it how it is if you are fully disabled you will get the pip eventually if not then it’s just a bit harder and so it should be, the burden of proof should be on the claimant not the State.
While I except your post and the content, you really have to read the charters that are issued by the Secretary of State for Assessors, Decision Makers, tribunal Services, PIP's assessments and handbooks, some which I deal with every day, or should say I am contacted for every day by people I don't know asking for help.
One will get the PIP one deserves yes they lie I have seen it that really happens and until I saw it I never believed it but ultimately why should the state pay PIP money to people who most of the time can function perfectly normally. It does support those who need it as it should but just having Fibro doesn’t allow you the right to access full pip payments.
1. and this is not meant to be confrontational but, I hate grey areas, and don't if possible give a mild version of an answer when to answer is no your not entitled to it.2. You say yes they lie? Yet you except the assessment that comes from a person that IS SUPPOSED TO BE A PROFESSIONAL yet in past jobs would not even get on site or in a office without wearing a VALID I D. if they have been then the union and the safety team as slack.
3. Name me a job that does not require a valid I D? Every job needs a risk assessment and method statement before you start even a cleaning job, because they deal with chemicals.
4. If as a Professional HP, HCP, or any job that requires you to REGISTER ONTO A MEDICAL REGISTER TO PERFORM THAT JOB, then when leaving or retiring you can take the title with you like paramedic, but unless you keep up the certification or pay the fees to stay registers it comes down to a smoke screen.
A qualified person will know what is required in a report, otherwise their employee is pulling the wool over everyones eyes.
In the case of the Assessor, what ever title that they had in writing a report why have they stopped putting their names on them knowing that it is useless.
Why are the Tribunal excepting the reports written by any assessment company knowing that they are not fit for purpose?
Why when a Tribunal is won the files on the system are not updated with the REASON THAT IT HAD BEEN OVERTURNED?
if the same assessor or company provides to the court/Tribunal a report that can't be used because its of such poor quality or that the content is more paste and copy without the necessary justification, are they not contacting the DWP and Secretary of State that this is going on?
I have had the Independent Case Examiners Office say they found nothing wrong with the report until I listed all the mistakes under the charter that was sent to me?
I asked them to get the assessment company and DWP/PIP's to supply me with the information they used to assess me under the Data Protection Act, the Social Security ACT 2018, the details of the assessor, because in his report, ( and every report that I see) states that when I give him a medical examination and looking at the medical information supplied I have made my decision.? Yet there is no justification on his part within the report that shows he is even capable of reading my prescription, so until I see Valid proof that they are what they say they are. Its just an opinion. ( unjustified)
I have a letter from Capita that has changed there format to state it is only a recommendation to the Decision Maker that makes the final decision, and if you want a copy ask them?
ALL THE CHARTERS SAY DIFFERENT, including the Tribunal Charter which DOES NOT TELL YOU THAT IN ORDER TO EXCEPT an offer made to the claimant whether by phone. ( what I call the eleventh hour call) or in a letter/e mail, the offer has to be sent in a hard copy for the claimant to read, and if he agrees with the content would or can answer with an E Mail if correspondence had been sent that way before. That you except the content, good or bad, ( if it shown that there is an overpayment) with a start date of the claw back and an intended start date of amount of repayment. THIS IS KNOWN AS A L 203 (c) form,
What the Tribunal are doing is getting a call from DWP to say they have made a more favourable offer to the claimant, not knowing what the offer was or if its been accepted, and CLOSING THE LISTING DOWN, which means you have to contest every thing again?
WHO ARE SUPPOSED TO BE THE EXPERTS BECAUSE THEY DO THIS EVERY DAY? The Assessment Company? Th Assessors? The DWP or PIP's? Their Decision Makers? The Health Minister? ALL KNOW THIS IS HAPPENING but how many have you heard, had they contract to assess stopped because of the lies (as you stated) they complete every day? The Tribunal Service who have been said are over worked and under paid like the assessors and their company's.
Well as a thought Would you assess anyone ( even as an opinion for £850 for a basic assessment) Judges are still being paid? Decision Makers are still being paid? The only one at the end of all of this BENEFIT that is not being paid at the correct rates is us? Ours are being cut to pay to keep all them in work?
How many fiddlers of the system do you know?
How many reports either by a decision Maker or an assessor are given first time as correct?
If you say loads then explain to me why does it take over 20 weeks to get an answer? What and who are all thee people on here begging for help to get "something or have given up because the system is causing more "STRESS THAN ITS WORTH?"
New report (pips2) I saw Friday bore no resemblance to the claimant, and was used to remove all benefits yet when I asked where page 8 was, the page that they were supposed to sign and show who did the assessment a sheet was placed over it to make it blank.
PROFESSIONAL? THIS FROM A FOI REQUEST AND AFTER A M R ALL NAMES BLANKED OT AND PAGES BLANKED OUT?
"1. and this is not meant to be confrontational but, I hate grey areas, and don't if possible give a mild version of an answer when to answer is no your not entitled to it."
sorry to say but I found the majority of what you wrote difficult to follow and lacking clarity and therefore open to misunderstanding.
I am not sure what the issue is with an identification page with a signature being blanked out. There may be a perfectly reasonable justification for this. I would not presume to be sure whether it was right or not but one possible area would be employee protection due to perceived or actual threats against people in that role. I know that a lot of civil servants are not allowed to describe their role or location of work beyond saying they are a civil servant. I may have cause to be frustrated by this but if this was justified by potential threats then whether you agree or not then that is reasonable. This is just an example.
I do think holding people and the system to account is worthwhile however.
Sorry I answered this in another post. If I have to go to an assessment and they say when challenged ( even because I have a home address) that they will show me a Valid I D, I ASSUME its of the same standard as the HCP/HP/Nurse or Doctors that treat me. When you go to A & E and see a doctor/Nurse their, that is some one you don't know. Yet when going to the reception, they wear a Lanyard, they take your details down and access your medical records and get you to sit and wait for treatment. On being called in to be assessed the person that sees you also wears a Lanyard with the picture I D number and their Title, after treatment you may be required to have an X-Ray so he writes you a letter to take, its on headed paper, you have an X Ray, they all wear Lanyards. Can you see where this is going? When you have an assessment what do you see? Any of the above, even though the best bit is you are being seem in a MEDICAL HEALTH ASSESSMENT CENTRE? Its not a MEDICAL HEALTH ASSESSMENT CENTRE, because the people inside are all registered under the appropriate medical register, its because its an ACCESS TO BENEFITS INTERVIEW. That is why they don't wear ANY ID. And if it was a MEDICAL ASSESSMENT CENTRE law would require you to show this.
Buy the way have you ever thought how if these people were qualified at any stage of employment as their title would suggest then they would also know that they would not even get passed the security gate without I D?
My point still stands that there could be a reason for them not wearing it in a face to face environment that we are unaware of but I have suggested a possible one.
Also, I am very sure that they will have access controls, id requirements and secured areas within the building that will depend on the very things you cannot see. Possibly they have a blank access card or leave their lanyard outside.
I am aware of a number of people that have participated as an assessor or as part of the process and of those they are all currently registered HCPs. Also the training they are required to complete is medical level information or at least I can say the fibromyalgia information is at that level.
The capitals are a bit shouty and more than perhaps needed for plain emphasis. My comments and some others are not meant to be antagonistic and certainly in my case I am wondering about your general focus and whether the issue you seem to be speaking about is really significant. But again as I sad I could be missing your point.
I can see you are getting quite bogged down in the small issues. After a PIP assessment you can call the PIP phone number and request a full transcript and points awarded for each category of the claim. The report will have the assessors name and specialisation at the end of report.
They are always health care professionals that belong to a registered professional body. They are not experts. They are certainly not fit for purpose but that’s a different issue altogether. No one in this system advertises themselves as experts that’s a word you have incorrectly apportioned.
Why are you so hung up on ID?Now you know you can have the name of the decision maker and the assessor do you feel better? Please don’t respond with no you can’t because yes you can!
In conclusion you say you are head hunted for your expertise and experience yet cannot spell accept but insist on using except. This could cause issues in your head hunted position. Also what the does recomensation mean? Do you mean recommendation/reconsideration/re compensation. Don’t be offended I do care about you and your head hunted positions that employers search you out for. Also the constant intermittent use of cap locks, is that really necessary? I mean in your esteemed position do we have to come down to cap locks to make a point? Yes PIP is a pain to apply for it’s a big payment and I don’t know of anyone cheating the system and found that question you posed particularly rude. However I should imagine there are plenty of unworthy claims made for PIP. Hence why I support a burden of proof being placed on us rather than the state.
If you really want to change this system, after all everyone would agree it’s a nightmare, then just get rid of it all together but then come up with something more fit for purpose.
Ok hope you are not offended I wish you all the best but do try and think things through, stop being pedantic, look at the bigger picture the use of IDs won’t stop PIP being a nightmare come on surely you agree with that?
Hi Hidden - I agree with you in essence. Whilst you feel Health Care Professionals are not 'experts,' I would politely disagree....speaking from my own experience they will have seen people with many disabilities (even as a physio student I saw people with rheumatological, orthopaedic, & neurological disorders to name a few). No one could be an expert in everything, but they will have transferable skills, & an understanding about how some disorders may affect a person's functionality.
onebigvoice has had problems in getting PIP, yet has helped others.....
Links to what he suggests, so long as they help others re: PIP would be welcome
Hi CM1 sorry to break this to you, from what you have stated, I am assuming in the legal sense of the term are not an expert(assuming of course you haven’t published papers in physiotherapy and consequently are not a professor of physiotherapy or have carried out research beyond the level of the majority of your profession). Do you get what an expert is now? The assessors are not experts. I myself am not an expert, even though I am in a higher tier of healthcare to yourself. There is no one that even calls assessors experts. You I am sure are a fully functioning professional who is a working or retired healthcare professional. You are good at your job I am sure you know tons about disability more so than the public. Do you understand the difference yet? Ok if not then you will have to Google it in depth I would actually expect you to know this and not try and argue the case that you are an expert! Unless of course I am wrong about you and you are an esteemed member of your profession. Oh no I used term esteemed so expect more responses to that term now!
As for the term “lie” which I am sure many people on this forum will relate to when it comes to assessors, you are of course free to use the term inaccuracies (now try and pay attention and really try and take this on board I know it might be hard for you) they write stuff on the report no one ever said and yes you are right then give an opinion on it. I experienced this with my wife’s application I was shocked. I have no idea why there are these inaccuracies. I had read many posts prior to my experience and like you I just felt “yeah right” but yes CM1 it’s true. Amazing I know, really actually on a serious note quite disappointing.
So you can fill in the PIP correctly to demonstrate you have more bad days than good, provide evidence like a daily journal over a few months , photos of disability aids , letters from Carer’s consultant go and have a floorless assessment and request the transcript of the report 24hours after the assessment only to find out that the report contains(and wait for it I am going to make you very happy by quoting you now) “inaccuracies”.
CM1 I actually realise like the onebigvoice person we are on the same side. I do want people who deserve a PIP to be award it. To get the full PIP ultimately we had to provide more medical evidence from OT/physio. If after MR and appeal you are still not entitled to a PIP chances are you don’t qualify. Of course there are rare exceptions I am sure ultimately truth wins out in your “expert”opinion wouldn’t you say so?
You have to realise also that the DWP holds the contract to assess the claimant, and as such if the " Expert" Decision Maker, because this is all he has done all his life and must be good at it otherwise the DWP would have sacked him. Decides that you need an assessment. THAT IS HIS CHOICE, NOT YOURS? So they hire "another EXPERT" because of his medical skills, whether in a previous life or job, gained the skills and expertise including the certification to be called PROFESSIONAL OR EXPERT in what ever, including anything medical, must be able to show their expertise if asked?
I did not mention who asked? because everyone except me it seems is quite happy to except that the assessment company are also abiding by the same rules.
Which they do, on paper, but when questioned to produce anything DON'T.
Why do you except this? Because you believe the expert Decision Maker is also abiding by the same rules?
While I do like that people are reading my posts and posting there own comments on their take. Please remember that even if you do support my posts and content, then please do not attack other members who post some thing that you don't agree with.
The type of posts I don't like are people who when showing a link which states you must be a PRACTICING MEDICAL PRACTITIONER ON THE DAY OF THE ASSESSMENT, and that your CERTIFICATION to allow your self to be called Nurse, HCP, HP or even Doctor, would as a professional of that skill would know how and what should be in a report and to SEPERATE THEIR OPINION.
not JUST SAY that I am a Paramedic or nurse with out turning up to my house to do an home assessment without I D.
Surely with all the information they have about me I am at least allowed to ask for this before letting them into my house?
Apologies, @Hkuhbv - I have come across badly, which was not my intent. I should more correctly say HCPs have 'expertise' in understanding the difficulties a person may face.
I am not of course an expert in the legal sense, tho have published, not a paper, rather a chapter in a book for the medical profession. I am also well versed in research, admittedly intermittent over the past 22 years, & helped a friend win a medical negligence claim using a paper written by the medical expert his solicitors had employed (who didn't think his claim was valid).
I know many people think assessors 'lie, ' but legally this cannot be proven as you can't know what an assessor was thinking, nor their intent.
My apology is sincere, & yes, we're all on the same side. Having gone through the PIP system myself I appreciate the difficulties. I'm normally objective, & sorry for not being so before.
A study in 2018 actually found only a minority of people had a bad experience with PIP. About 50% of claims are successful with no medical 'evidence' whatsoever. Recent statistics (up to Oct 2021) show that 42% for normal rules new claims received a PIP award: gov.uk/government/statistic...
I freely admit that assessor's reports may contain inaccuracies; mine did.... I'm sure you'll smile to note that mine said, 'because I didn't see a pain specialist nor a physiotherapy specialist' I could walk further than the 6m I'd been observed to walk obviously in pain!
Hoping to be helpful, may I say that medical evidence isn't needed unless it's relevant, nor photos of disability aids. What matters is describing how your disability affects you with relevance to being able to perform the PIP activities/descriptors 'reliably.'
Unfortunately some that should get PIP are not initially awarded, & may have to go through a MR, which doesn't now often change a decision; more are awarded by a Tribunal (who rarely give much credence to a HCP's report..... too many 'copy & paste' answers with the system rather than a HCP being able to say what they think IMHO). Some people don't qualify for PIP; they may have a disability, but unless this impacts the daily living or mobility activities/descriptors that are looked at with PIP, they won't. No-one is 'entitled' to PIP, rather as you say the onus is on the claimant to describe the problems they face.
Hopefully through forums such as this we can help such claimants better understand the PIP claim form I feel.
Great you are in a higher tier of healthcare than myself, but think we're all here hoping to help without disparaging each other.
Sorry, but often a person will not get the PIP that they 'deserve.' So, often a misunderstanding about PIP means a person doesn't get awarded. This is due to not understanding that PIP is about your 'functional' abilities, & whether you can attempt/do an activity 'reliably.'
By saying that, 'they lie,' I presume you mean assessors. They are not there to report verbatim what a claimant says, but rather give their opinion. Such reports are however often 'inaccurate', but moving forward you will not get awarded PIP by challenging these, rather by asserting how & why you have difficulties due to your disability. Tribunals are aware that many Health Care Professional's assessments contain such 'inaccuracies.'
PIP is how you are the majority of days, so takes into account the fluctuation of Fibro, as well as other disorders.
The Decision Makers will go with an assessors's report if an initial PIP claim form hasn't been well completed. It can't be proven that assessor's 'lie' as you can't know what they were thinking, so it can't be said that any are therefore 'dishonest.'
Paper assessments are actually fairly rare.
onebigvoice - '4. If as a Professional HP, HCP, or any job that requires you to REGISTER ONTO A MEDICAL REGISTER TO PERFORM THAT JOB, then when leaving or retiring you can take the title with you like paramedic, but unless you keep up the certification or pay the fees to stay registers it comes down to a smoke screen.'
I think you are taking issue with me that altho I've mentioned on another forum I'm a qualified physio ( & entitled to use M.C.S.P. - Member of the Chartered Society of Physiotherapy after my name) I'm no longer a State Registered Physiotherapist (S.R.P.) as an annual fee was incurred, & after maintaining this for several years after stopping working, I stopped. I'm still a qualified physio, so no 'smoke screen.' Again, there is no 'medical register' for those who have a paramedical background; we're not Drs. However like a retired GP is still a Dr, I'm still a qualified physio. so politely disagree.
I do not disagree with you, as there are many letters that since starting my Apprentership as an Engineer in 1966 have amassed numerous titles with companies I have worked for. I have until recently still hold a teaching degree in 6 principles of engineering not including the Health and Safety lecturer, and Train the Trainer, which I wrote to apply to all aspects of training in all subjects to allow the lecturer to give the certificates to members he had trained to an acceptable standard, and allow room for improvement.
I still use these not after my name, and also work with UNITE the Union being a member with them since 1966 and still am and attend meeting each month, about disability assessment and benefits within the Unite membership.
My point being I could not be a member of Unite and attend a meeting if my membership was not up to date, yet does that stop me teaching? NO. Does it stop me using the title if I wanted to NO? Do I own a licence to allow me to teach Yes I do? is it still in date? yes it is?
The bottom line if you want o give an opinion that's O K but if you want to use that opinion to give advice to some one else knowing that they may use it to assess me or the content of any reports I write or supply then prove to me that because YOU ARE BEING PAID TO GIVE AN OPINION THAT YOU CAN, by showing it in a fully justified MEDICAL REPORT, after all when you were working and used the title is was because you held the title of Paramedic or Physiotherapist, I don't mind you not having the expertise in all the things that I have wrong with me, where I draw the line is, one, you do not supply anything, two, that as a professional you should know how to write a report, and know it should state what is medical fact based on your experience, and what is your opinion, because its outside your remit, or that you have shown where you draw your conclusions from.
Does any assessment report show this?
Does any Decision Makers report show this?
Does any paperwork you submit show this including support letters, and are they all of a standard that can be used? There is only one I see that does that and the is your own?
They should all be the same....
Ok onebigvoice what does it matter if they are on a register or no longer on a. register? They have what you and CM1 term transferable skills. How would you improve the system tell me! You can’t have Drs who specialise (CM1 pay attention I am not saying experts) in Fibro looking at the number of applications logistically impossible. So alternatives would be useful.
Firstly, thank you for your reply, since in looking at my opinion it has got you and many to question the system we have and to look again. I need to quote your reference just to be able hopefully to stay on track, and answer:
Ok onebigvoice what does it matter if they are on a register or no longer on a. register? They have what you and CM1 term transferable skills. How would you improve the system tell me! You can’t have Drs who specialise (CM1 pay attention I am not saying experts) in Fibro looking at the number of applications logistically impossible. So alternatives would be useful.
If you have read the charters that are supplied by the Government on behalf of the Secretary of State and the DWP, you will also realise that these "charters" also apply to companies that are are hired by the DWP to give assessments. In other words Capita, Maximus, Concentrix and ATOS the main companies that assess around the country depending on the benefit you apply for. There are also other private Doctors, Nurses and HCP's/HP's used for their skills in a particular medical condition, that may, or is not on the normal list of conditions, like skin diesis and things which are now being included in the benefit like Fibromyalgia and Dystonia.
What is the point of a Charter? and is it a legal document?
2. What is the point of an assessment? and who can give one?
3. Must the Assessment Company be registered?
4. Who can use the report written by the "ASSESSOR?"
5. Does the assessment report have to be fully justified " medically " if there is " no medical taking place" yet one is given and shown in every assessment?
6. In showing "how I made my decision" in the assessment report. Does it have to separate what is Medical Fact and what is their opinion, and also show where they drew their conclusions from?
7. If the final Decision is made by the Decision Maker for the Secretary of States behalf, depending on the benefit being applied for, will they need to look at all the evidence presented, including medical evidence presented by the Claimant and support letters in support of their claim?
FINALLY, well in the list of things I want to discuss, now.
8. Is the Claimant allowed to see the report form both before anything is instigated, i.e. do they have to agree to the content of the DM report before they apply "their findings" or does it just go to a MR or FOI to see what is being used or find its got to go to a Tribunal to sort out?
Firstly, I will quote one of the links that the government use. This is not the only link but for the purpose of answering you can check what is written in a down loadable copy for anyone to read, to understand the system.
The Charter is to make sure that whether you live in Glasgow or in Cardiff, everyone is treated with the dignity and respect that they deserve and that all are "singing off the same song sheet" What is happening is that areas that have this charter ( which is every department) have people who are interpreting it differently, including the Tribunals, who actually do not question the reports written by the Assessment company because they are hired by the DWP to assess the claimant for their EXPERTISE, AND ASSUME THAT IN FOLLOWING THE CHARTER FOR ASSESSORS, that they are ALL MEDICALLY REGISTERED AT THE TIME OF THE ASSESSMENT AND ARE ALREADY REGISTERED ON THE APPROPIATE MEDICAL REGISTER. Other wise what is the point of having an assessment? ( Which is only for clarity of the DECISION MAKER, since HE HAS NO MEDICAL BACKGROUND, and would rely on the Assessor to read the medical side and see if its consistent with the conditions reported.)
This site will open up 5 other links, 1. Home, 2. Health and Social Care. 3. Disabled People. 4. Benefits and financial help. 5. Personal Independence Payment ( PIP)| handbook.
other links include contracts given to a THIRD PARTY COMPANY. ( ASSEESSMENT COMPANY'S USED FOR THEIR EXPERTISE. These you may know as Capita, Maximus, ATOS and Concentrix to name some) this is known as CANDOUR.
In plain English, the sub contractor must abide by the same rules set out by the MAIN CONTRACTOR (DWP) and may have other restrictions or rules imposed on them by the main contractor to protect the main contract details.
This would be like: You can have the contract to assess as long as you supply a fully justified report and that the assessor on the day of the assessment is a qualified MEDICAL PRACTITIONER on the day of the assessment and that he is REGISTERED ON AN APPROPRIATE MEDICAL REGISTER to do the appropriate assessment.
This answers (3) and does it matter if they are registered or not? The DWP assume that the assessor is qualified to assess and that is what they are paying £850 for? YOU don't get a medically justified report, it does not separate what is medical fact or what is their opinion, in fact it states in the report that " IN MY OPINION?" and its not signed under the CHARTER AGREEMENT to state that they were not influenced in the report writing by the hirer, whether it was you or the DWP which it states in the Assessment Charter.
Who can use the report? Question (4) The Decision Maker will use this report to assess the medical history of the claimant and also the details of the forms sent in to get a view of the claimants reported conditions and to see if the support letters also support the claim for the benefit being applied for.
The Charter for Assessors states that if at the time of the assessment the claimant wants a copy they may do so at the time of the assessment. What happens is:
The report is for the Decision Maker and will be sent to them once it is complete, if you want a copy you will have to ask them for a copy since they were the ones that requested it? It definitely does not say that in the charter? It also states that if the assessment is recorded then you can have a copy verbatim but will also send a had copy as some answers may change slightly when filling out the report sent to the decision makers.
What you get is the hard copy sent to the Decision Maker and no way of questioning the report before its used by the decision maker? In order to progress you have to ask for a M R or FOI and then if still not happy apply using a SSCS1 Tribunal form request.
I could go on and on as to what is wrong with the system and what you actually receive, BUT if you want more information I will be happy to continue.
How to fix the system..
There is one easy way to fix the system of assessment because I am already involved with it, AND THAT IS ACCOUNTABILITY.
If a charter states X Y Z then why are we allowing the DWP or the Secretary of State to deviate from this, why does it take 20 weeks to process a claim when the assessor writes the report on the day of the assessment and sends it ELECTRONICALLY to the DWP AS THEY ALL HAVE ACCESS TO THE SAME COMPUTER?
So far as access to the same computer, before you ask, this is subject to the DATA PROTECTION ACT. Which states what you can do with information supplied, and what "extra" permission is required in order to have access to information that can be used by other department. This as an example would be Universal Credit, where SIX BENEFITS ARE ROLLED INTO ONE. BUT, each department that requires information to use like your bank account to pay benefits into need to ask for permission to have this which also has to be passed by the DWP that it is required to progress the claim.
Most people already give permission to use the information supplied already, because in reading the small print it states that if the Secretary needs to use the information supplied else ware for say loans and advances in housing benefits, that as long as the DWP can show if needed that it is required that you have already given permission for this and don't need to reapply SIX TIMES for its use.
Transparency: If an Assessment company has a decision overturned on the quality of the assessment report, why when asking how many in the last month have been over turned will they not give a straight answer?
This is because how many overturned Assessments do you need to flag up by the DWP that there is a problem? 3, 6, 12, 50? There is no report from the DWP back to the assessment company to say that we have had 30 complaints in the last batch of 100 assessment with more coming in each day, can you check or show me why these 30 reports were overturned? According to the Tribunal there was a problem with ......... YEAH as though the Tribunal are going to admit that the report is rubbish and should have never even got that far and that further report presented to the tribunal from this assessment company will result is a letter to the Secretary of State that the Reports written are not of a quality that can be used and to stop further assessment until you attend the court to explain way the standard required to use the report has slipped below an unacceptable level and continues to do so.
When was the last time you heard that an assessment company had to attend court to explain the Report written and of its quality. I have summoned them to appear and the court have also done the same and only resulted in the rates being changed to give a better rate for the claimant and so the claim is shut down. Also going against the Charter for the Tribunal Service. Since you don't know that inorder to do this the assessment company and DWP have to till out a L 203 (c) form, send it to the court explaining the REASONS FOR THE CHANGE, the start date and how they arrived at the Back pay payment, and when it could be paid. It also states that the claimant has received a copy of the statement and that they have read and its content and in sending back an acknowledgement to say they agree to the content, will no longer need a Tribunal.
They will continue to go to a Tribunal if they found you to be over paid for what ever reason, yet they won't when back pay is concerned, since they always offer you a reduced offer than what you are entitled to since you have nothing and an offer of any payment or benefits to most is BETTER THAN NOTHING and the document is worded that out of the goodness of my heart I have made an offer, but, if it goes to a Tribunal I cannot guarantee that you would get the same out come and must realise that it could go down or be removed altogether?
Every excepts because instead of simplifying the system with computers it has made the system stressful for people who need help when that are at their lowest ebb.
Sorry its so long but, we all need to change the attitude of people applying for benefits, and realise it is an access to benefits, as you state and if they were not looking and assessing claimants medially with Medical history supplied then ignoring it I would say nothing.
The term medical should be transparent and when used in any form then the charter is there as a guide, so that we are all treated equally. This is all I am asking for.
I also have had over 40 years experience in Medicine and understand terms used, and also have certificates to write risk and method statements, and also have had the same experience in LAW this is why I don't like the terms used in the assessment process or the Decision Makers report and have now had the statement changed by Capita to state that the report is for the Decision Maker only ( I have referred them back to the charter) and that it IS ONLY A RECOMENDATION TO THE DECISION MAKER, and this is why as a RECOMENDATION they do not have to sign or show there I D numbers for verification of the report writer, or in some cases not even show a name. But if it is used by the DECISION MAKER then under the Charter they have to show the details of ALL THE DOCUMENTS USED AND THEIR VALIDITY? THEY DON'T.
This then means that the report is useless but still used, and never verified.
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