Where to go from here?

Hi Judy

Nine years is a long gap to have no further evidence. However, if your friend is on pain meds and antidepressants, I should hope that he has seen a GP during that time (eg a review of his medication).

Your friend needs to contact his GP and find out whether the DWP has tried to contact them. (They're not always truthful about this). Whether they have or not, he needs to explain to the GP that he is being refused benefits because he has no record and ask if they will write a supporting letter. If they refuse, you can ask for a copy of your medical records and send off the relevant information himself.

Your friend also needs to look at what was written nine years ago. What was the prognosis of his back, what did they say about future difficulties. He needs to highlight in a mandatory reconsideration what that information contains. If they contacted his GP it means they didn't think they had enough information, so he needs to go back through what he does have, but make sure that he links it to the specific PIP criteria. When he gets hold of the report, he will also see in detail what the assessor said. If they said nine years ago that his condition was not going to improve then he can add to his evidence there is no reason for him to keep consulting specialists.

If he is going to put in for a Mandatory Reconsideration, he needs to do so within one month of the date on the Decision Letter.

BIS

Hello Judy,

Your friend could also request a copy of medical records. If the GP is not willing to give them as a result of an informal request he has a right to make a 'Subject Access Request', which means under the rules of GDPR he has to be provided with them. He needs to be careful when he makes the request to specify exactly what it is that he wishes to see.

ico.org.uk/your-data-matters/your-right-...ject-access-request/

Catherine