No consent given

Poppie68

soniason123 wrote: »

It may be something that comes into force but as it is just now it is not compulsory.
My query was not whether I see my GP often enough or whether you should or should not give permission for the DWP consent for a GP report.
It is the fact I said no and they did it anyway. I wanted to know if there was anywhere outside DWP to complain to.

In regards to a complaint, did you take a photocopy of the form before you sent it off? If not call them and ask them to send a copy ( i would'nt tell them why you need the copy though), double check the correct box was ticked and then write a letter of complaint, check the website their must be a complaints proccedure and take it from there.
Unfortunately nothing can be done with regards to GP report now if they have recieved one.

portly1

soniason123 wrote: »

Hi, not sure if this is the correct place, so sorry if it is not.

I received a letter from DLA advising they where waiting for a report from my GP, however I ticked the no part of the consent form, tis means that DWP have made false claims to my GP telling them they have written consent. My GP has sent the report off.

I just wanted to ask how I go about dealing with this now, who do I report it to and how do I get the report struck from my records.

I do not have anything to hide, however I do not need my GP to tell me to take my pain killers when to take rest and feel that going to see him would be a waste of his and my time and so do not see him very often and I have been led to believe this goes against you for any claims.

Thank you in advance for any help and advice.

I thought that it was just me.

When I submitted my ESA50 earlier this year, I intentionally did not complete the GP section - left it blank with - not appropriate - written across it. I also refused to identify any of my consultants by name other than just giving the hospital. At the end of the ESA50 I did not 'tick the box' to give permission to contact any of my medical team.

I simply wanted the DWP to assess my application based on the ESA50 form.

What did I find out some weeks later having heard nothing from ATOS - they had written to my GP!! They explained that they did so 'as they believed that it was in my best interests' They obtained the name and address from some old records and presumed that I still had the same GP.

I complained and told them to cancel the GP request. They refused and told me that they will use the information when it comes back irrespective of whether I gave them permission to obtain it or not. I told them that I will not allow my GP to send it to you as they do not have my authority.
ATOS then told me that if I did that they would fail my claim.

Blackmail or what??

They do what they want when they want.

A formal complaint was eventually lodged in that they had obtained privileged medical information from my GP without seeking my prior authority to do so.

They wrote back apologising for the error - 'they have now made their staff aware that they should respect my requests in the future.'

Is there nothing sacred anymore - the DWP can now without authority delve into your medical history.

nannytone_2

so you were seeking benefit on medical grounds, but wanted them to axxept your wird for what was wrong with you and what problems were caused by it?
that has to be one of the most ridiculous things i have heard!

someone should be able to complete an RSA50, ckaiming they have any'every illness/disability and ATOS/DWP are just supposed to take your word for it?

portly1

nannytone wrote: »

so you were seeking benefit on medical grounds, but wanted them to axxept your wird for what was wrong with you and what problems were caused by it?
that has to be one of the most ridiculous things i have heard!

someone should be able to complete an RSA50, ckaiming they have any'every illness/disability and ATOS/DWP are just supposed to take your word for it?

In a nutshell yes. And to consider all of the evidence submitted three years earlier that specified that 'the prognosis is that these medical issues will never improve, they will only deteriorate over time. They are both life threatening and debilitating.'

Now if that doesn't say what it says I just don't know. There was no point in looking for anymore evidence 3 years down the line.

soniason123

Poppie68 wrote: »

soniason123 wrote: »

Poppie68 wrote: »

as gayleanne so nicely put it:rotfl:


What was rude and uncalled for...?
You seem to think i am having a dig at you!

Sorry, not your comment the comments from the post that has been deleted by gayleanne

soniason123

portly1 wrote: »

I thought that it was just me.

They wrote back apologising for the error - 'they have now made their staff aware that they should respect my requests in the future.'

Is there nothing sacred anymore - the DWP can now without authority delve into your medical history.

Thank you all for your comments and advice, I do see my consultant who has already given me a report and it was sent with the application form, I have been told that the DLA cherry pick information (some may advise they cannot do this but I am inclined to believe they do) and this is why did not want then contacting my GP, he would say I did not see him very often giving dates of last consultation and the DLA may use only this info to decide a claim.

However as I have said my query was not as to whether it is right or not to give consent or who often you should see your GP, it was whom to complain to and now I have that information the letter is in the post, I will let you know the reply.
I had also thought about emailing / writing to the very head of the department Ian Duncan Smith.

To portly1
It would be interesting to know how many people they have done this to.
The staff should have been proper training on DPA as they obviously have no idea what it is.
When I do go to my GP I consider this to be one place that I can say anything and know it will not go any further, I will have second thoughts on this in future.

soniason123

Poppie68 wrote: »

In regards to a complaint, did you take a photocopy of the form before you sent it off? If not call them and ask them to send a copy ( i would'nt tell them why you need the copy though), double check the correct box was ticked and then write a letter of complaint, check the website their must be a complaints proccedure and take it from there.
Unfortunately nothing can be done with regards to GP report now if they have recieved one.

I did photo copy the claim for and have sent this letter already


Dear Sir /Madam,

I am writing to you concerning my claim for DLA, I declinedconsent for you to contact my GP however you have written to themasking for a report, they have sent this to you as you told them youhad written permission, would you please be kind enough to send meout a copy of this written permission.

Ibelieve there has been a breach of data protection on your part andwould like this matter looked into.

I lookforward to your reply with either proof of consent or an explanationof how this has happened.

---

I will post the reply when I get it.