An important law decision raises questions about the use of health professionals on Atos Work Capability Assessments where they have no expertise on the claimant’s health condition
The case involved a claimant, with mental health problems, who suffered from depression and bouts of uncontrollable rage. An Upper Tribunal Judge held that the opinion of a physiotherapist Healthcare Professional (HCP) was only useful for recording what the claimant said and did during the medical/assessment. Any other was useless as evidence because of their lack of expertise of mental health conditions.The ruling affects all ESA appeals where the severity and effects of a disabled person’s mental health is at issue and expertise in this field is required to give an adequate opinion. It may also affect claimants with a wide range of physical health conditions.
In addition, there is no logical reason why the Upper Tribunals’ conclusion should not apply to appeals relating to the points findings of a disputed Personal Independence Payment (PIP) medical report by Atos or Capita.
Anyone considering an ESA appeal, who disputes the health professionals’ evidence, may wish to consider challenging the HCP expert status in relation to their disability.
26th July 2013. You can view a full summary and a link to the decision at http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/latest-posted-decision-summaries
