giuseppina
Welfare Rights Caseworker, Brighton Unemployed Centre, Hollingsdean, Brighton
Member since 21st Jan 2008
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EMP not registered with the GMC
Mon 16-Jun-08 04:28 PM |
My client failed a Personal Capability Assessment in October. In May he was notified of a decision made in March on the basis of that PCA. He appealed.
Shortly after, however, he received a second letter from the DWP which said that the examining doctor failed to renew his registration with the GMC so he was not registered at the time of my client's assessment. The letter said that the DWP was not allowed by the law to rely on his report for their decision, and that my client would receive a new medical assessment. My client's benefit was not stopped. The tribunal suspended the appeal.
Later, the DWP changed their mind but did not send any third, clear, decision; they only asked the tribunal to proceed with the appeal. The only new letter sent to my client is NOT a decision on his claim. It is, formally, a decision on a 'new claim' made in May, although it mentions that my client failed a PCA for his previous claim 'in March' (it was October anyway) . The date of the tribunal hearing has now been confirmed. The bundle is the one originally sent to us before the issue of the EMP's registration had arisen, which confuses me quite a lot.
Please help me. I have a few questions. 1.Can the DWP rely on the medical report? 2. Which decision is THE decision? Is the first decision still valid? Does the second letter invalidate the first decision? Does the second letter constitute a new decision? Does my client need a third, clear decision brought before the tribunal?
Thanks to all Josephina
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