Can I expect my GP to give me evidence for Tribunal?

luminated

I am getting worried as my Tribunal is looming but not yet for a while!!

I read the pack of papers from the DWP within which, in my opinion, there are areas I dispute but I could do with a further letter, or report, from my GP. I am willing to pay if I have to but would rather it be free.

Now I am fearing a problem after speaking to the Practice Manager to see if there was a policy and/or schedule of likely fees. He said that the GP had already supplied to the DWP a completed questionnaire and if the DWP, or Tribunal service, wanted more clarification/information they would need to write to the practice. They don't normally supply this type of stuff at the request of the actual patient paid for or not? I tried to expain a Tribunal was a court and the onus is on ME and not them to gather supporting evidence but I could tell he was getting a 'glazed (bored) look' come over his eyes.

I think the reason that some GPs are fed up with providing information on patients and often the same patient repeatedly due to the frequency of reviews by the DWP

So I am going to see my GP next week to ask him direct. Meanwhile do they have an obligation to help their patients and if they do what charges do they make. If I am refused what on earth can I do - will the Tribunal take my word.

It is a DLA claim where I feel the award LRC and no mobility is too low. Funny really as my GP was all for and supported my Blue Badge application some time ago?

bobajob_1966

They have no obligation to supply you with supporting evidence for the Tribunal. If they do agree to, they may charge you for the evidence (and they set their own rates as it is private work).

If you cannot get support from your GP you could approach a private GP or specialist to prepare a report for you.

Cpt.Scarlet

If the GP refuses you can request a copy of your medical records, it may be possible to fashion a supporting report from these.

formaldehyde_perfume

I think it is possible to request a copy of your medical records under the freedom of information act, but you do have to pay and from memory I think it was capped at £20.

MrsManda

As other posters have said the GP is not under any obligation to provide you with support evidence and if they choose to help they can charge you. Though if you've got a good relationship with your GP they may be willing to help and not charge.

You can do a Subject Access Request under the Data Protection Act to request copies of your medical records which may help you prepare for your tribunal.
http://www.nhs.uk/chq/Pages/1309.aspx?CategoryID=68&SubCategoryID=160

You may be charged upto £50 for this depending on how your records are stored and how recently they were accessed.
http://www.nhs.uk/chq/Pages/fees-for-accessing-medical-or-health-records.aspx

Richie-from-the-Boro

The increasing number of DLA / ESA appeals and the ' multiplier ' effect of those same repeat appeals means that GP clerical support staff are snowed under with this chore.

However you can go the Data Protection route [ Fees and Miscellaneous Provisions Regulations 2000 ] which will be 10 quid for any / everything electronic in a printout, or 50 quid for a paper records copy. I would advise people to ask in writing and stipulate clearly that """" I will be happy to pay the £10 statutory fee for everything on the computer """ - stipulate this clearly may help you avoid paying the 50 quid that practices [STRIKE]often accidentally[/STRIKE] mistakenly charge for what is after all only a digital printout not a paper duplicating / copy job.

You can also ask your GP to complete without charge the statement on your claim form >>> see 2.4.1 <<< this is the advice given to GP's which says :

Disability Living Allowance (DLA) and Attendance Allowance (AA) claim forms contain a statement section which patients or their representative may ask you to complete. The form requires a brief description of your patients illness and disabilities and how they are affected by them. Patients are advised that the best person to complete this section is the person most involved with their treatment or care, not necessarily their doctor. NHS doctors have a contractual obligation to provide the information free of charge.

luminated

Thank you all so much for such good solid advice.

I am so grateful to each and every one of you as your advice will maximise my ability to get the right information and (hopefully) in turn the right end result.

cit_k

Richie-from-the-Boro wrote: »

You can also ask your GP to complete without charge the statement on your claim form >>> see 2.4.1 <<< this is the advice given to GP's which says :

Disability Living Allowance (DLA) and Attendance Allowance (AA) claim forms contain a statement section which patients or their representative may ask you to complete. The form requires a brief description of your patients illness and disabilities and how they are affected by them. Patients are advised that the best person to complete this section is the person most involved with their treatment or care, not necessarily their doctor. NHS doctors have a contractual obligation to provide the information free of charge.

Any idea if the same applies for IB or ESA?
Or if you want a "a brief description of your patients illness and disabilities and how they are affected by them" would you have to put in a claim for DLA, in order to get that evidence for IB or ESA?

Richie-from-the-Boro

cit_k wrote: »

Any idea if the same applies for IB or ESA?
Or if you want a "a brief description of your patients illness and disabilities and how they are affected by them" would you have to put in a claim for DLA, in order to get that evidence for IB or ESA?

It does to AA, I'm not 100% sure about ESA but yes I think so .. .. check the URL I give below.

You see most information requests regarding Incapacity Benefit (IB) and Employment and Support Allowance (ESA) claims will be on the ESA113, I haven't downloaded one to check but if there is a statement section which patients or their representative may ask their healthcare professional or GP to complete - then yes it will come under that rule. see >>> the instructions to GP's here <<<

Hope it helps

Cpt.Scarlet

ESA113s can only be used by the DWP. There is no equivalent to the DLA Claim Pack Statement for ESA.

cit_k

Richie-from-the-Boro wrote: »

It does to AA, I'm not 100% sure about ESA but yes I think so .. .. check the URL I give below.

You see most information requests regarding Incapacity Benefit (IB) and Employment and Support Allowance (ESA) claims will be on the ESA113, I haven't downloaded one to check but if there is a statement section which patients or their representative may ask their healthcare professional or GP to complete - then yes it will come under that rule. see >>> the instructions to GP's here <<<

Hope it helps

Thanks for the link, I will have to investigate further as im tired, but a quick look seems to indicate the DWP have done something very very naughty in that document....

Perhaps, if my suspicions check out (initial search indicates they should) its another major spanner to throw into the works