Case No. EWHC-185-(Admin)
Administrative Court

Case No. EWHC-185-(Admin)

Fecha: 31-Ene-2023

The Medical Assessment form

52.The form specifically requested the Claimant to complete it in full if the Claimant asserted a medical or health condition. The Defendants stated that they would carefully consider the information and if necessary refer the form to their medical advisor. The Defendants advised the Claimant to give as much detail as possible because failure to do so could result in delay of the assessment. The form asked for medical letters or reports, prescriptions, hospital discharge summaries, disability benefit awards or employment and support allowance awards and a patient summary from the Claimant’s GP. The form stated that if the Claimant did not have supporting information and it was necessary to contact health professionals the Claimant was required to complete “in full” the details of those professionals. 53.The Claimant provided the 12 prescriptions which he asserted he was taking but in answer to the question “who is treating you?” he failed to give any response. In answer to the request for his NHS hospital number he left that section blank. He asserted he could walk, but less than 50 metres. This was an important answer because it is directly related to the use of stairs and being able to walk though his bathroom door to use his toilet. In answer to specific requests for the names addresses and contact details of his carers he wrote “unable to put their full details as they provide unpaid care due to the absence of the Westminster care package. I can provide their names and numbers later to support my case and explain their roles and care they provide.” This was an obviously unhelpful approach. In answer to the question whether he needed day care he provided no details. In answer to the question whether he needed night care he stated he was unable to move or manage the medications or his essential needs. In answer to the question whether he needed a care package from mental health services he responded “no”. Under Section 5 he was specifically provided with spaces to fill in the details of: his GP, his hospital consultants and any psychiatrist, psychologist or therapist and care manager. He left all of those sections blank. The Claimant did complete the Section 7 declaration and authorisation but that was not going to help the Defendants because he had not provided the details of any medical professional for the Defendants to contact.