Dear Department for Work and Pensions,

Extracts of DWP Guides states ..”Under the LCW/LCWRA medical procedures approved HCPs are required to give advice on prognosis without reference to the outcome of the decision making process. This prognosis is included in the HCP's “medical report” which is used to help determine the award. The re-referral date will normally be determined by the prognosis advised by the examining HCP at the time of the assessment”.

A prognosis is defined as a prediction of the course or outcome of a disease or disorder. Legally giving a prognosis or diagnosis is not within the scope of practice for any nurse unless they are specialist nurses and qualified to do so.. e.g. Nursing Practitioner etc.

Please could you provide me with the following information...

Q1) In view of the above, what measures do the DWP take to ensure that nurses, occupational therapists or other HCP's are lawfully entitled to provide a prognosis and which also keeps within the restrictive codes of practice of their various professional organisations?

Q2) If the HCP's prognosis varies significantly from their own DWP/Medical Service guidance and/or that given by recognised medical opinion, what protection does the DWP allow the claimant to be able to contest the accuracy of the prognosis PRIOR to the decision on an award?.

Q3) Is a prognosis a requirement for the decision? e.g. do DM's specifically request a prognosis, or has it been pre-determined by a third party to include it in the medical report as routine? If this is required by legislation please could you provide the details of the Regulations.

Q4) As a re-referral (or re-determination) date is determined from the prognosis which is included as evidence for the making of the decision and is determined at the same time of the decision, does it also form part of the decision?..

Q5) If a benefit decision is overturned on appeal is this re-referral date reviewed?..

Q6) What recourse does the claimant have to challenge and/or alter the re-referral date?..

Yours faithfully,

B. Adams

Dear DWP freedom-of-information-requests,

Please could I bring it to your attention that your response to my request for information is overdue..

Yours sincerely,

B. Adams

Dear DWP DWP Medical Services Correspondence,

Thank you for your response.. Questions 5 and 6 in my request for information has been answered adequately however in questions 1 - 2 -3 and 4, I requested specific information , unfortunately I have not received this as it is not included in the guidance provided. Please could you provide me with the information as described in my request..

Yours sincerely,

B. Adams

Dear DWP DWP Medical Services Correspondence,

In addition to my request for further information made on 22nd September, please could you provide me with

1) any DWP/Medical Services training manual/guidance which relates to how HCP's should make a prognosis.

2) If the prognosis is determined by LIMA during the construction of the HCP's medical report, then please provide the source of the information being used to help determine the prognosis. e.g. which expert, report, etc..

Yours sincerely,

B. Adams