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Medical reports for ESA appeal - only with permission of DWP!!!!

Can someone help please?

Failed ATOS medical, now going to appeal. Everybody on here suggests to obtain medical reports from GP & Consultants to help with the appeal.

New instructions have been issued to my GP & Consultants that NO reports will in future be issued unless requested by DWP?ATOS!!

They cite the DWP instructions:

'
[URL="javascript:showHide(13)"]A patient has asked for a report to support his appeal after having his Incapacity Benefit withdrawn. Do their GP have to provide a report?[/URL]

No. GPs, as certifying medical practitioners, have a statutory obligation to provide statements of incapacity to patients on their list and certain information to a healthcare professional working for Atos Healthcare on behalf of DWP when requested. However, under their NHS contract there is no requirement for GPs to provide reports or offer an opinion on incapacity for work to anyone else unless requested to do so by Jobcentre Plus.
Claimants should contact Jobcentre Plus or the Appeals Service, where appropriate, if they think that further medical evidence is necessary to support their claim or appeal. They should state clearly their reasons for believing that further evidence is necessary.
If Jobcentre Plus or the Appeals Service consider that further medical evidence is necessary, they will seek it. They will be responsible for paying any fee to the doctor providing the report.
So NHS GPs are under no obligation to provide such evidence to their patients nor to provide it free of charge. If a GP does not agree to provide additional evidence for their patient then it is a private matter to be resolved '

It seems now that I have to request/obtain permission from DWP for them. If DWP decide that the appeal does not warrant them, they can refuse my request.
«13456

Comments

  • These instructions are nothing new, they have been on the go for a long time. Your GP can provide a report but only if they choose to do so and they can charge you for it as this falls under the umbrella of private practice and has never been an obligation of the NHS for this purpose. DWP do not perform the appeal. They will do an initial reconsideration and prepare a submission for the appeal, however the appeal in itself is dealt with by the appeals service, which are a seperate entity to DWP. If you feel that a GP report will provide supporting evidence, express this in your appeal or to the Appeals Service in the forms they send you, if you have already submitted your appeal to DWP.

    The only other available option is to submit a request for your medical records, however the NHS can charge for this also. The difference is that they do have an obligation to provide medical records, however they can omit any information that they deem "harmful".
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    That is correct, and as AsknAnswer2 states, it is nothing new. However, in practice the chances of a GP refusing are very low.

    In terms of charges, this can be anything from FOC to £75, which even at the highest level is good value considering the expertise involved. Think of it as the equivalent of instructing a solicitor.
    Gone ... or have I?
  • andyandflo
    andyandflo Posts: 791 Forumite
    Hi thanks to you both for your input. I have already sent off weeks ago the Tribunal letter telling them that I want to appeal by way of oral hearing.
    The decision made by the DWP was based only on the ESA50 & ATOS medical. Yes both my GP & Consultants are refusing to give me a report as are other GP's in the area (heard this from a family member also in the same boat).
    So given the shortage of financial resources, (£75 is a lot for each report), would I be prejudiced if the Tribunal asks for them instead of me. In other words would it help my appeal if I got them - surely a report is a report?
    Also, what is this obligation to provide medical records? Does that include both of the two hospitals that look after me, both consultants and my GP?
    What do I ask for? I have no letters/results/treatment details etc- these are generally sent to my GP for their records, and not to me as I would not understand them. All I have are appointment letters for Consultant Outpatients.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Could I ask why they are refusing?
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  • andyandflo
    andyandflo Posts: 791 Forumite
    dmg24 wrote: »
    Could I ask why they are refusing?

    Hi, My GP explained that her practice and others in the same area authority have decided that as there have been so many applications for ESA Medical Reports from patients, it had started to affect the level of care given to all of the other patients. She apologised, but said that she did not get paid to do that work, nor did she have the free time to do them.
    It seems that this was a result of a meeting of local Consultants complaining of being asked to complete them and not being paid.

    So all have decided that there will be no more reports unless the cost is met either by the DWP/Tribunal Service or the patient.
  • andyandflo
    andyandflo Posts: 791 Forumite
    Ooops, forgot to add this bit.
    Is this the thin end of a wedge that this may go nationwide?
    If so, those with available resources can buy the reports. Those without become reliant on the DWP/Tribunal Service agreeing that they are necessary.
    Two tier system????
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Would they be willing to do it privately?

    It is very concerning that this decision has been taken. I wonder if it is a formal decision from the PCT or just an informal 'work to rule' idea. I would contact PALS and ask if they can clarify this.

    If the request for the report comes from the DWP or the Tribunal it will still be a balanced report. The GP has no interest in getting you off benefits. However, I would question, if they are so against doing these reports, if the report would be of the depth and quality that it should be.

    Is seeing a private consultant out of the question? It would not be cheap, but if it got you back in receipt of benefits it would pay itself in a short time.
    Gone ... or have I?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    andyandflo wrote: »
    Ooops, forgot to add this bit.
    Is this the thin end of a wedge that this may go nationwide?
    If so, those with available resources can buy the reports. Those without become reliant on the DWP/Tribunal Service agreeing that they are necessary.
    Two tier system????

    I would like to think that there are some GPs who would never agree to stop writing reports FOC. Unfortunately there is a lot of politics at the mo with GP contracts, and this could be a consequence of that.
    Gone ... or have I?
  • LondonDiva
    LondonDiva Posts: 3,011 Forumite
    1,000 Posts Combo Breaker I've been Money Tipped!
    dmg24 wrote: »
    I wonder if it is a formal decision from the PCT or just an informal 'work to rule' idea. I would contact PALS and ask if they can clarify this.
    Nothing to do with the PCT / NHS contract, so PALS cannot help. Individual decision by the consultants / GPs re private work, so nothing a PCT or anyone else can do to intervene.
    "This is a forum - not a support group. We do not "owe" anyone unconditional acceptance of their opinions."
  • andyandflo
    andyandflo Posts: 791 Forumite
    dmg24 wrote: »
    Would they be willing to do it privately?

    It is very concerning that this decision has been taken. I wonder if it is a formal decision from the PCT or just an informal 'work to rule' idea. I would contact PALS and ask if they can clarify this.

    If the request for the report comes from the DWP or the Tribunal it will still be a balanced report. The GP has no interest in getting you off benefits. However, I would question, if they are so against doing these reports, if the report would be of the depth and quality that it should be.

    Is seeing a private consultant out of the question? It would not be cheap, but if it got you back in receipt of benefits it would pay itself in a short time.

    Thanks, I have no idea if it now is official policy or indeed, as you say, just the county. PALS is a good place to start looking for answers.

    If it has to be at the request of the DWP/Tribunal Service, no doubt it could be - you get what you pay for!
    I can see your point re a private consultant. Would he/she have access to the whole of my history? The cost does frighten me.
    Unfortunately or fortunately depending how you look at it, my two consultants (Professors) are actually both world renowned experts in my problems. So any other Consultant would be lacking their 'clout'. In fact one was the consultant surgeon that went over to the States to treat Patrick Swaze and was the leading surgeon looking after Pavarotti. Both suffering from Pancreatic Cancer.
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