Decision making in ill health cases and weighing medical evidence 2
Reference: N00812
This case highlights that when considering an application for an incapacity pension, it is very important to ensure that when seeking medical advice, the medical practitioner is asked the right questions. If the correct questions have been addressed, as long as there is enough evidence to support the decision made by the trustees/employer, the Ombudsman will not challenge it.
In this case the Ombudsman reviewed the way that the decision-maker had dealt with the medical evidence obtained as follows: "As is not uncommon, the various medical opinions which have been obtained by one or other party are not unanimous either as to the diagnosis or, more significantly as to the prognosis… For the decision maker to favour one doctor's opinion over that of another is not in my judgement evidence of any perversity in the decision, but simply represents the weighing of one set of evidence against another."
