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assessment of Physical movements
- tmato2001
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10 years 2 months ago - 10 years 2 months ago #130648 by tmato2001
tomzee
assessment of Physical movements was created by tmato2001
Hello again one and all
especially the staff who answer our requests for help, trying to make sense of the ESA 50 and the PIP questionnaire's
I Just wanted to know if I can refuse to do any limb movements for the assessor on the day of my exam? On the grounds that such a examination on the day of the assessment, will not give a true and accurate indication of my disabilities In a thirty or forty minuet session. As on the last two assessments I had, I explained in great detail how my disabilities affect me and how they develop during any given day. But these statements I made to HCP where nowhere to be found In both of my ESA 85 reports. There are other areas I want to clear up too. But i'll leave those for tomorrow.
Thank you Regards Tommy
especially the staff who answer our requests for help, trying to make sense of the ESA 50 and the PIP questionnaire's
I Just wanted to know if I can refuse to do any limb movements for the assessor on the day of my exam? On the grounds that such a examination on the day of the assessment, will not give a true and accurate indication of my disabilities In a thirty or forty minuet session. As on the last two assessments I had, I explained in great detail how my disabilities affect me and how they develop during any given day. But these statements I made to HCP where nowhere to be found In both of my ESA 85 reports. There are other areas I want to clear up too. But i'll leave those for tomorrow.
Thank you Regards Tommy
tomzee
Last edit: 10 years 2 months ago by .
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- Gordon
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10 years 2 months ago #130649 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic assessment of Physical movements
Tommy
If and I stress the "if" they ask to perform a physical examination then you need to be careful about refusing to participate, you can certainly do so if the examination would result in significant discomfort for ESA and severe discomfort for PIP (this phrase is not defined in the PIP legislation but the DWP do seem to be using it as a hangover from DLA), however, doing so for other reasons may result in you, in extreme cases, being counted as failing to participate or the assessor recording that they could not test the function and therefore cannot make a recommendation on any limitations that you have.
If your limitations are related to the time of day, then you can certainly explain this when asked by the assessor, so as an example; you are severely limited during the morning but less so as the day progresses and the assessment is late afternoon, then you should explain this to the assessor.
Gordon
If and I stress the "if" they ask to perform a physical examination then you need to be careful about refusing to participate, you can certainly do so if the examination would result in significant discomfort for ESA and severe discomfort for PIP (this phrase is not defined in the PIP legislation but the DWP do seem to be using it as a hangover from DLA), however, doing so for other reasons may result in you, in extreme cases, being counted as failing to participate or the assessor recording that they could not test the function and therefore cannot make a recommendation on any limitations that you have.
If your limitations are related to the time of day, then you can certainly explain this when asked by the assessor, so as an example; you are severely limited during the morning but less so as the day progresses and the assessment is late afternoon, then you should explain this to the assessor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Rubyred
10 years 2 months ago #130652 by Rubyred
Replied by Rubyred on topic assessment of Physical movements
I refused on the grounds it would hurt, I wasnt prepared to be hurt, that was acceptable.
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