Do DWP decision makers over rule assessors reports a lot? — Scope | Disability forum
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Do DWP decision makers over rule assessors reports a lot?

Spibes
Spibes Community member Posts: 58 Courageous
Hi there my first post here I'm James. 

I've been in the ESA support group since November 2016 and had the dreaded reassessment on December 27th 2017, I plucked up the courage to ring the DWP to find out if I was getting paid on Tuesday and the lady was really helpful and lovely, she said the decision was still to be decided with the decision maker but the assessment report was received on January 2nd and she said it was a positive report and advised I continue in the support group, she also said the dwp decision maker could disagree so don't get hopes up fully yet. 

Two questions, is it unusual for a report to be said on the phone that seems positive. 

And should I be worried still, will the dwp decision maker over rule it and even if they did that positive assessor report would work in my favour worst case appeals etc?

Sorry for the essay just incredibly anxious, I had two attempts on my life last year was in crisis team for a week in a and e, I am just starting to improve my mental state ever so slowly, if they cut me off I don't know if I could stomach the fight really anxious. 


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Comments

  • debkenzo
    debkenzo Community member Posts: 110 Pioneering
    Hello Spibes.
    My name is Debbie and quite new to the site.  I completely understand how you must be feeling anxious about this uncertain journey that you are experiencing.  I am also on a similar journey.  The person on the phone to you should not be giving out their opinions about your medical assessment report.  On the one hand they said your report was positive and then tell you not to get your hopes up!! In my opinion, this is totally unacceptable and unfair.   If the first Decision Maker stops your benefit then you have the option to request a Mandatory Reconsideration.  This is where a second Decision Maker will decide whether to reinstate your benefit.  If the second Decision Maker refuses, then you have the right to Appeal to a Tribunal Hearing.  It is so very important that you take all these opportunities to fight for what you are justifiably entitled to.  I truly do hope that the first Decision Maker will do what is Right and allow you to continue with you receiving your benefit.  I wish you all the very best and keep strong.  Do Not Allow this corrupt system to make you feel any worse.  Fight for what is Right.
    Debbie :)
  • Spibes
    Spibes Community member Posts: 58 Courageous
    So seeing as the assessor report advises to continue support group and is positive according to the lady on the phone, I should be in the clear? 

    It would be odd for the decision maker to disagree. Can I ask for a copy of that report?
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hi Spibes

    Yes you can ask for a copy of the report. The DWP rarely send out ESA  assessment reports prior to the decision being made

    CR
    Be all you can be, make  every day count. Namaste
  • Spibes
    Spibes Community member Posts: 58 Courageous
    Thanks buddy. 

    I probably am worrying too much, if the assessment is positive as the person on the phone suggested I am probably in for a good chance of a award but even if decision maker was callas and disagreed I have a strong case of appeal after Mandatory reconsideration?
  • kevin888
    kevin888 Community member Posts: 52 Courageous
    In my experience from assessment  to Tribunal for PIP, the DM at DWP has no medical qualifications so they mainly agree with HCP report. My decision letter was more or less what was written on the HP report. If you disagree with the outcome contact CAB they were great help to me. Good luck. 
  • Spibes
    Spibes Community member Posts: 58 Courageous
    Thanks I will be optimistic then in that case fingers crossed. 

    Sorry for the anxiety. 
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    It is always a worrying time waiting for the decision letter, until then it doesn't really sink in even if you knoe the result. Either way a copt of the report is usefull for your records

    CR
    Be all you can be, make  every day count. Namaste
  • Spibes
    Spibes Community member Posts: 58 Courageous
    Ringing DWP to clarify what they told me yesterday, had nothing but bad luck last year so seems to good to be true fingers crossed. 
  • ScopeHelpline
    ScopeHelpline Community member Posts: 207 Courageous
    Hi Spibes

    Do let us know what the outcome is. As debkenzo, tomm, cockneyrebel and kevin888 say, this is an anxious time, but it's good to stay positive, especially as it sounds pretty hopeful. Do contact us at the Helpline if you get an unfavourable decision, we'd be able to offer some ideas about how to challenge it. You won't be alone with this!

    Gill
    Scope Helpline
  • Spibes
    Spibes Community member Posts: 58 Courageous
    Thank you, I rung today and the advisor had no information on screen so unsure why the previous advisor had that info worried now a little. 

    Still no decision yet but advisor said ring back Friday 
  • Spibes
    Spibes Community member Posts: 58 Courageous
    Update rung again today, no decision but advisor was lovely and said on screen assessment advises continue in support group. 

    So even though decision maker hasn't made decision yet I should be in clear or is it common for decision makers to overrule a support group recommendation and degrade the award to no award or WRAG? 
  • debkenzo
    debkenzo Community member Posts: 110 Pioneering
    Hello Spibes
    In my own personal experience, the advisors on the phone are usually lovely etc but it is the Decision Maker who are not so lovely and have the power to overrule whatever they choose.  I wish you the rightful justification for your benefit that you truly deserve.  
    Debbie
  • magunra2k
    magunra2k Community member Posts: 45 Connected
    Spibes 
    Its not possible for anyone here to tell you what usually happens, each case is decided on its own merit, the decision maker will rule how they see it, using the info gathered for them. nothing anyone here says will alter that, best just to relax , stop phoning them and let them contact you in due course, ringing them excessively could negatively impact your claim as they may become suspicious of your situation.  
  • ScopeHelpline
    ScopeHelpline Community member Posts: 207 Courageous
    Hi Spibes

    Really really pleased to hear this, though I saw this  bit late in the day!  Well done for keeping your cool. It is made so hard for people to do just that.

    Gill
    (Scope Helpline)


  • Henry
    Henry Community member Posts: 64 Courageous
    Personally. . What  I find  strange is getting  a nurse   to carry out an assessment.  A nurse  is a nurse.
    Where does h/ she   getting  specialist  knowledge   on  all   different medical  problems which leave  people with  disabilities?
    Don't    tell  me they  are trained up as it  takes  years to train  up as a  consultant. 
    I   do not  consider them  specialists . 
      Your  thoughts 
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    A nurse?  My PIP assessor was a paramedic!  Yes, it's a fiasco that non-doctors are assessing how complex disabilities affect people.  They haven't got a clue. No wonder so many reports are works of fiction: the spawn of incompetence.  And that's when they're not telling downright lies.
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hi Henry

    Unfortunately assessments are not medicals, maybe they should be, but at present they are just functionality tests and as such could be carried out by a trained monkey
    The HCP's do undertake a short course in functionality assessment
    There are some conditions that do require assessment by a specialist, these are usually flagged up and the necessary arrangements should be made

    CR
    Be all you can be, make  every day count. Namaste
  • london75
    london75 Community member Posts: 29 Connected
    can you send in evidence after you have had your medical assessment,because i have further evidence,will the decision maker take this into account ?
  • london75
    london75 Community member Posts: 29 Connected
    how long does the esa decision take,if it is bad news,i won't be able to go to sign on if they put me on jsa,don't want jsa,but have no other money plus bills all over the place,can't  leave the house,esa medical assessor was'nt very nice and looked from the start that she wanted to find me fit for work.my medical was on the 12 september 18.today is 14 october,worrying constantly about the decision,can't take being found fit for work,i think they want to find me fit for work,so they can take the extra money off the wrag group i'm in,then make me reapply,then giving me esa again,but at jsa rate.please help anyone thank you.i also think i should be in the support group,because wrag group interviews are very hard for me to do.also can the decision maker over rule the medical assessor with further/new evidence,because i have this awful feeling she has found me fit for work,i think they have been told to fail certain people.any help would be grateful thank you

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