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DLA and ESA Medical Reports - Important Note
Oscar_The_Grouch
Posts: 2,246 Forumite
Hi all
Lots of threads have things talking about how claims are turned down and then you get a copy of the medical report when you appeal. Did you know that you are entitled to see the report first?
The Access to Medical Reports Act 1988 and Access to Health Records Act 1990 mean that you can ask to see the reports before they are submitted. This is backed up on the Directgove website:
http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DisabilityLivingAllowance/DG_10023092
It says:
The doctor's report
You can ask to have a copy of the doctor's report sent to you at any time.
What this does not tell you is that if there are any inaccuracies, you are allowed to ask for them to be corrected before the report is submitted.
Hope this helps everyone!!!
Lots of threads have things talking about how claims are turned down and then you get a copy of the medical report when you appeal. Did you know that you are entitled to see the report first?
The Access to Medical Reports Act 1988 and Access to Health Records Act 1990 mean that you can ask to see the reports before they are submitted. This is backed up on the Directgove website:
http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DisabilityLivingAllowance/DG_10023092
It says:
The doctor's report
You can ask to have a copy of the doctor's report sent to you at any time.
What this does not tell you is that if there are any inaccuracies, you are allowed to ask for them to be corrected before the report is submitted.
Hope this helps everyone!!!
In the beginning, the universe was created. This made a lot of people very angry and was widely regarded as a bad move.
The late, great, Douglas Adams.
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Comments
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Reports requested by the DWP are not subject to AMRA. You cannot insist on seeing them before they are submitted.Gone ... or have I?0
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The GP I saw on Tuesday for my DLA medical said I was entitled to see the report, just to give them a call and they would send a copy."There is no medicine like hope, no incentive so great, and no tonic so powerful as expectation of something better tomorrow." - Orison Swett Marden0
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The GP I saw on Tuesday for my DLA medical said I was entitled to see the report, just to give them a call and they would send a copy.
You are entitled to see a report prior to submission that you have requested. You are also entitled to see all reports after they have been submitted. If your GP allows you to see DWP reports prior to their submission that would be at his discretion, not an entitlement.
This information is all available on the DWP website, along with links to the relevant legislation.Gone ... or have I?0 -
You are entitled to see a report prior to submission that you have requested. You are also entitled to see all reports after they have been submitted. If your GP allows you to see DWP reports prior to their submission that would be at his discretion, not an entitlement.
This information is all available on the DWP website, along with links to the relevant legislation.
No, not my GP. The doctor that did the medical for DLA.
I believe it would be after submission though as you say, but before a decision, so you could possibly quickly write back with corrections if needed."There is no medicine like hope, no incentive so great, and no tonic so powerful as expectation of something better tomorrow." - Orison Swett Marden0 -
No, not my GP. The doctor that did the medical for DLA.
I believe it would be after submission though as you say, but before a decision, so you could possibly quickly write back with corrections if needed.
It would not have to be before a decision is made, though if you felt the decision was incorrect, you have the right to request it prior to a reconsideration/ appeal.Gone ... or have I?0 -
It would not have to be before a decision is made, though if you felt the decision was incorrect, you have the right to request it prior to a reconsideration/ appeal.
That is not what he said, he said as soon as they have it, they can send me a copy.
But perhaps he was wrong, I don't know.
If you appeal they automatically send you copies of everything. If you submit something new they send it all out again with the one new document instead of just sending a copy of the new submission! By the end of my appeal I had more than a large drawer full of copies of my DLA form (which was huge in the first place, as I had a long report in there that was about 80 pages!)"There is no medicine like hope, no incentive so great, and no tonic so powerful as expectation of something better tomorrow." - Orison Swett Marden0 -
Links to the relevant statute. It is quite possible that the doctor does not know the rules, they rarely deal with the administrative side of their role.
It is not automatic to send out all the reports at reconsideration stage, though it is good practice to do so.
Oscar the Grouch, it would be helpful to edit your original post with the correct information.Gone ... or have I?0 -
Links to the relevant statute. It is quite possible that the doctor does not know the rules, they rarely deal with the administrative side of their role.
Errrmmm.... Your link is to some notes on DWP.gov.It is not automatic to send out all the reports at reconsideration stage, though it is good practice to do so.
Errrmmmm.... According to Directgov, it is automatic.Oscar the Grouch, it would be helpful to edit your original post with the correct information.
Try reading the acts I've mentioned, then apologise.In the beginning, the universe was created. This made a lot of people very angry and was widely regarded as a bad move.The late, great, Douglas Adams.0 -
Oscar_The_Grouch wrote: »Errrmmm.... Your link is to some notes on DWP.gov.
Errrmmmm.... According to Directgov, it is automatic.
Try reading the acts I've mentioned, then apologise.
As a postgrad specialising in this area, I know the Acts inside out. I do not need to refer to a general guide on the topic that you have misunderstood.
If you bothered to look at my link properly, you would see the correct information and the relevant statute.
I have no intention of apologising for correcting your inaccurate information!Gone ... or have I?0 -
http://www.opsi.gov.uk/si/si2004/20040291.htm
A link to the actual Regulations. I take it you are not going to tell me they are wrong? :TGone ... or have I?0
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