When assessing mobility within a WCA, Atos HCPs are allowed to recommend the use of a wheelchair to improve mobility (if they think it will do this) for someone who does not normally use one. They can do this without any specific discussion with the claimant or their GP. They are not however allowed to recommend treatment – make sense of this if you can, but as unbelievable as it is, it is true. Decision Makers are allowed to do the same thing, without specifically declaring it to claimants – all the claimant is told is that for mobility, they have scored (say) zero points.
This methodology was introduced in March 2011, presumably with the approval of Professor Harrington and is dishonest to say the least, as the claimant is not made aware of this trick before, during or after their WCA.
Through appeals, the courts have seen the injustice and dangers of DWP’s approach and have issued guidance. From this FoI request, it appears that DWP thinks it is outside of the law and can ignore the advice.
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