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When should you question HP qualifications - PIP
- The Helper
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10 years 4 days ago - 10 years 4 days ago #134508 by The Helper
When should you question HP qualifications - PIP was created by The Helper
Just wondering - is there a correct or good time to as this question?
PIP F2F - should you ask during this and also request they record their qualification on the report.
or do you stay quiet and challenge their ability to assess specific illnesses at a later time.
Just wondering if it would be advantageous at an appeal stage if the HP were not qualified to assess the illness in question.
or do they have a qualified person to carry out the mandatory reconsideration?
PIP F2F - should you ask during this and also request they record their qualification on the report.
or do you stay quiet and challenge their ability to assess specific illnesses at a later time.
Just wondering if it would be advantageous at an appeal stage if the HP were not qualified to assess the illness in question.
or do they have a qualified person to carry out the mandatory reconsideration?
Last edit: 10 years 4 days ago by bro58. Reason: tick
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- Gordon
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10 years 4 days ago #134511 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic When should you question HP qualifications - PIP
The Helper
Recent case law has pulled back from the position that certain types of assessor, are inherently unable to produce a coherent report for claimants with complicated problems, the example was a physiotherapist reporting on claimants with primarily Mental Health issues.
This does not prevent this being an issue that can brought before an Tribunal, just that it must be done on a case by case basis.
However, it is important for anybody using this route understand that diminishing the assessment report will not on it's own result in an award, this can only be achieved by the claimant showing that the meet the criteria for an award.
Gordon
Recent case law has pulled back from the position that certain types of assessor, are inherently unable to produce a coherent report for claimants with complicated problems, the example was a physiotherapist reporting on claimants with primarily Mental Health issues.
This does not prevent this being an issue that can brought before an Tribunal, just that it must be done on a case by case basis.
However, it is important for anybody using this route understand that diminishing the assessment report will not on it's own result in an award, this can only be achieved by the claimant showing that the meet the criteria for an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: The Helper
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10 years 4 days ago - 10 years 4 days ago #134516 by The Helper
Replied by The Helper on topic When should you question HP qualifications - PIP
So would it harm during a F2F to ask the HP to disclose and record their qualifications on their report?
I understand they should do so anyhow?
Would the appeal tribunal decide on an award (based on available evidence) if it dismissed/disregarded a HP assessment report due to them not being qualified to assess the particular illness in question?
I understand they should do so anyhow?
Would the appeal tribunal decide on an award (based on available evidence) if it dismissed/disregarded a HP assessment report due to them not being qualified to assess the particular illness in question?
Last edit: 10 years 4 days ago by bro58.
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- bro58
10 years 4 days ago - 10 years 4 days ago #134517 by bro58
Hi TH,
No it would not do any harm !
A Tribunal panel should take "ALL" evidence before them into account and make a decision on the balance of probabilities.
All Capita/ATOS HP's are recognised by The Secretary of State as approved "Assessors", no matter what their medical background may be.
As Gordon has advised, if their findings and conclusion were obviously errant or contradictory to the medical evidence provided by the claimant or were not in line with the limitations/disabilities that the claimant would reasonably be expected to suffer as a result of their medical conditions, you could challenge them.
To reiterate, the important issue would be to use your evidence to persuade the Tribunal Panel that you do in fact qualify for a PIP award by being awarded the necessary points from the relevant descriptors.
i.e. You need the Tribunal to find that on the balance of probabilities your evidence is more persuasive than that of the assessing HP.
This is where the Tribunal Panel Doctor comes in !!
bro58
Replied by bro58 on topic When should you question HP qualifications - PIP
The Helper wrote: So would it harm during a F2F to ask the HP to disclose and record their qualifications on their report?
I understand they should do so anyhow?
Would the appeal tribunal decide on an award (based on available evidence) if it dismissed/disregarded a HP assessment report due to them not being qualified to assess the particular illness in question?
Hi TH,
No it would not do any harm !
A Tribunal panel should take "ALL" evidence before them into account and make a decision on the balance of probabilities.
All Capita/ATOS HP's are recognised by The Secretary of State as approved "Assessors", no matter what their medical background may be.
As Gordon has advised, if their findings and conclusion were obviously errant or contradictory to the medical evidence provided by the claimant or were not in line with the limitations/disabilities that the claimant would reasonably be expected to suffer as a result of their medical conditions, you could challenge them.
To reiterate, the important issue would be to use your evidence to persuade the Tribunal Panel that you do in fact qualify for a PIP award by being awarded the necessary points from the relevant descriptors.
i.e. You need the Tribunal to find that on the balance of probabilities your evidence is more persuasive than that of the assessing HP.
This is where the Tribunal Panel Doctor comes in !!
bro58
Last edit: 10 years 4 days ago by bro58.
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