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

kaya

im about to try and cross this bridge also, so you have my sympathies, but it was explained to me that the medical report is not completed upon your ilness but your ability to do work, i have no doubt that your medical reports will prove your illness beyond any reasonable doubt but the people at the dla (im still waiting for my medical one month after my claim ran out) stated that despite me providing scans stating that my condition has deteriorated( its degenerative spinal stuff) this is not relevant to my case!! The medical examiner is coming around to test my abilities to do things and not my ilness, i have several mri scans and consultants reports, i am prescribed morphine and fentanyl also, but my ability to perform tasks is not mentioned in my medical reports , surely this is a matter of opinion and not fact?, despite my condition if it is the opinion of the dla/atos doctor that i am fit for some kind of work me proving them wrong isn't going to be an easy task, i am preparing for a tribuneral before i have even had my medical and i am glad i do not have a mobility car as they would by now be coming to reposess it due to the incompetance of the dwp to arrange a simple medical 3 months after recieving my application

andyandflo

stazi wrote: »

Although Tribunal Rule 16(b) allows a Tribunal to ask anyone anything/more info, in the vast majority of cases, a Tribunal will make a decision that day on the evidence presented to it. The Tribunal Service, like all public service, is busy enough, and the OP's appeal is just one of many it has to deal with that day.

I would think that the Tribunal Judge would say that the appellant has had X months to produce any new info. It's not the Tribunal's role to provide the evidence for the appellant, and the date of the hearing is not the time to start gathering any new evidence.

http://www.tribunals.gov.uk/Tribunals/Documents/Rules/GRCRulesConsolidated.pdf

Hi, thanks for your comments. The point I am making in my case is that the 'free' medical reports that have previously been given to patients to support an ESA appeal are now no longer free. I have been advised that the total cost for me to obtain all of the information/reports is in the region of £750. This is something that I and most people on means tested benefits cannot afford. No doubt this is now to become a national problem.
I would correct you on your point re. my responsibilty to obtain the evidence. I have spoken with the Tribunal Service this morning and have been informed that when I attend the appeal hearing I should point out that the case is one sided only because the evidence I know exists with my medical team cannot be provided due to lack of funds. As this evidence is vital to my case, it is more than probable that the Judge will adjourn the hearing and issue directions that this evidence be obtained at the Tribunal Service's expense. It has been made clear to me that in the interest of justice this should happen. My inability to pay for it should not be a reason that I can't have the evidence if it will help balance the arguments at the appeal hearing.

hermanmunster_3

andyandflo wrote: »

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.

A private consultant would have access to your history if your GP includes it in a letter.

As far as the medical world is concerned there are some consultants who hold themselves up as world renowned or experts in a field - you meet them quiet frequently :cool:
Often they, and a few newspapers are the ones who believe this.
However when it comes to reports for insurance companies, DWP or anyone like that they have no more clout than anyone else.

AsknAnswer2

They have never been free of charge. Some GP's would do it at their discretion free of charge but they have always been able to say no because under NHS contract there is no obligation. They are just enforcing working to the rule that has been in effect for decades. I think we as a nation have been very lucky that our GP's have allowed it for so long when they never had to do it in the first place.

Uncertain

One thought may be to ask for copies of any letters your consultant has sent to your GP or visa versa. These should be available free of charge or for a nominal fee. It should be possible to lift various quotes from these to use in your appeal.

Also, very sadly, however difficult it is to afford the report it may well be far cheaper than not having it. Whatever the right and wrongs of the system you are probably looking at a week's ESA.

AsknAnswer2

Uncertain wrote: »

One thought may be to ask for copies of any letters your consultant has sent to your GP or visa versa. These should be available free of charge or for a nominal fee. It should be possible to lift various quotes from these to use in your appeal.

Also, very sadly, however difficult it is to afford the report it may well be far cheaper than not having it. Whatever the right and wrongs of the system you are probably looking at a week's ESA.

Great advice - also if you have any letters of referral (sometimes the GP will send a letter advising you have been referred) copy and send on. The more info you can give that indicates a report from your own doctors might challenge the decision the better

LondonDiva

dmg24 wrote: »

The OP has suggested that it may be a PCT wide decision, and as such PALS would be able to advise if this was the case or not. I have seen PALS get involved in matters to do with DWP reports because most patients perceive them to be an NHS matter. Even if you don't get anywhere with them, there is no harm in asking the question, especially if it may save time and money.

DPA requests are up to £50 for manual and computerised records, or £10 for computerised records. I know for my GP everything is computerised, but for a consultant this is less likely to be the case.

The OP may ask - but I can state categorically, that this would have nothing to do with the PCT. If it is a PCT wide decision, that would have been made by the LMC rather than the PCT and again, that is a committee run by the GPs. The PCT would only tend to confirm what the practice must do - which in this instance is only to cooperate with a DWP request if it forms part of the statutory contract.

Agree that DPA requests are up £50 + postage for paper & £10 for computerised. However, there's only been a move to electronic records for the last 10 so so years - unless you are under 10 or so, or juct come into the country over the last 10 or so years, the GP practice will have a mixture of paper and computerised records.

andyandflo

Hi, thanks to everyone that has contributed. Quite a lot to get through but I now have an idea about where to go from here.

Just one final point, I happened to get onto the Benefits and Work website forum, and there right in front of me is the same problem.

There is now proof that it isn't just me, but it seems to be going nationwide.

Their GP quoted £12 per letter & charging just for a signature.

Capitive audience is it???

Like me, there are many that never get copies of letters from Consultants to GP's and vice versa, The only mail received are appointment notices which are scrapped afterwards.
You trust your medical team - why on earth would anyone want copies of medical reports/advice/drugs etc. Why should anyone want to check up on them!
To be honest I never knew that you could have them, I thought they were confidential between the medical people.

So a long drawn out and very expensive excercise has now got to be carried out.

Uncertain

andyandflo wrote: »

Their GP quoted £12 per letter & charging just for a signature.

Capitive audience is it???

I well understand your frustration but it is not the GPs fault. The NHS pays the GP to provide you with free medical care. He is not paid for any other work and most surgeries have a list of charges for other services. Although expensive when you don't have any money compared with, say, solicitors charges they are normally quite modest when you consider the level of training and overheads.

In a way it is a bit like asking a tradesman who is doing insurance repairs to your house to put up some new shelves and expecting it to be free!

We can all fume about the system (and I've been there too) but apart from writing to your new MP there is only so much we can do.

hermanmunster_3

GANFYD!!!!! (get a not from your doctor...)

Each week there is a daunting pile of notes with requests for reports for one thing or another / life insurance report requests / holiday insurance claims / letter for schools etc etc also requests for ALL the notes from solicitors (usually minor accident claims) . They take ages to do as have to carefully go through the notes to do the reports / letters - also for the minor injury claims we have to check no third party is mentioned in the notes as the consent is only for the patient.

I am never sure is people realise when they make a claim for tripping up somewhere that ALL their notes (including everything you might discuss - terminations / infections / teenage anxieties etc etc) gets copied and sent to the solictor presumably for all and sundry to see.

Anyway as none of this paid for by the NHS, itcertainly would not get done for nowt.