Benefit appeal evidence: big problem!

KxMx

I have ME and severe IBS. I was failed on my PCA, so am four weeks away from appeal tribunal.
When I recieved my appeal sumission, I saw my GP (the same GP who was more than happy to give me sicknotes) had provided a report stating I had no regular symptoms (not true). This report was a factor in the DWP failing my PCA.
I spoke to my GP about getting a letter of support for my appeal. Apparently under Data Protection laws he can't provide this. He didn't explain why he had put down that I had no regular symptoms.
So now I have to go to the appeal board and explain this, but am unsure that they will believe me. I am really stressed.
Any advice gratefully recieved, am desperate.

TOBRUK

When were you diagnosed with ME and sorry but what is PCA?

healy

TOBRUK wrote: »

When were you diagnosed with ME and sorry but what is PCA?

The PCA is the Personal Capability Assessment in relation to Incapacity Benefit.

healy

KxMx wrote: »

I have ME and severe IBS. I was failed on my PCA, so am four weeks away from appeal tribunal.
When I recieved my appeal sumission, I saw my GP (the same GP who was more than happy to give me sicknotes) had provided a report stating I had no regular symptoms (not true). This report was a factor in the DWP failing my PCA.
I spoke to my GP about getting a letter of support for my appeal. Apparently under Data Protection laws he can't provide this. He didn't explain why he had put down that I had no regular symptoms.
So now I have to go to the appeal board and explain this, but am unsure that they will believe me. I am really stressed.
Any advice gratefully recieved, am desperate.

I dont know what your Doctor is talking about, he can provide a letter of support if he wants to, people often have letters of support like this when they go to a tribunal. I think the best bet would be to get help from a Welfare Rights officer from the CAB, Local Council or Disability Organisation to help you with your appeal and write a submission for the tribunal, they may also be able to represent you at the appeal hearing.

TOBRUK

I agree with Healy, the doctor is able to provide a letter of support - surely Data Protection Laws are to protect the patient and if the patient gives concent for a report or requests it then this is ok - or am I wrong? . What I don't understand is why is the GP giving you sicknotes unless you are unfit for work and also what has he noted down as reason for those sicknotes? Is it for IBS and ME?

mingbop

KxMx, can I ask how old you are ?

cabbage

Hi

I think your doctor is being deliberately obstructive. Perhaps s/he was having a bad day.

If you have severe IBS I would have thought this would affect your bowels quite a bit (sorry to be personal). On the PCA you have to score 15 in order to be deemed incapable of work. There are many categories and your score for each category is usually added together and then the total overall is your score. The only part that cannot be added together is the one for walking on level ground and climbing stairs in this case you would only get a score for one or the other.

One of the questions is about your toilet needs and for example if you lose control of your bowels say once a week, you automatically score 15. This is without taking into account your other scores.

Have a look at this website for further info on the activities and their associated scores

http://www.newcastle.gov.uk/core.nsf/a/wr_ifwdescriptorsphyscial

There are also the scores for mental health problems.

I feel that if you got the support of your gp or perhaps the nurse you would stand a better chance at your appeal.

Please, please don't do this alone - there is support out there and CAB or your council's Welfare Rights section should be able to help.

Best of luck - don't let the so and so's grind you down.

Cabbage

Gillianh2

HI
Do you see a specialist nurse about your IBS (stoma nurse!) if so you could ask her for a letter of support. If not is there more than one Dr in your practice it might be worth seeing another Dr who might be more sympathetic.
PM if you think I can offer any help regarding IBS having suffered in a more extreme way I can perhaps offer you either advice or point you in the right direction.
I prefer not to discuss the Bowel Problem on open forum but please feel free to PM me. (that goes for anyone in a similar position.)

suelees1

Your GP's talking rubbish about the DPA

suelees1

Just to add, a lot of GP's skirt round it if their patients ask for supporting evidence. I usually advise my clients to go along and ask but as soon as they tell her/him I've sent them the GP then says they can't provide unless I ask them direct.

I might sound cynical (well I am actually) but this is because they're aware I'm likely to be advising clients under Legal Services Commission funding so they can ask for payment. I've had them asking for £80 or £100 for one paragraph to actually say they don't think they can support the claim!!!

KxMx

Thankyou for the replies, decided I will try and get an appointment to see the practice manager to see if they can help me, also will get myself down CAB, I just wanted to have everything ready to show them and not be waiting on anything!