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…
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