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Evidence from dentist
- esmith
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1 year 3 weeks ago #284404 by esmith
Evidence from dentist was created by esmith
OK, I've got the full report on why I failed my PIP by written form and basically it is "because I didn't witness it when I assessed you". I actually feel quite cheered because they recognised there were issues and that they affected my functioning so I'm halfway there. I recently had a medical event when I was at the emergency dentist so they would be good witnesses. The problem is "they" are one receptionist and a dentist for 3 mornings a week to serve half the County. Most sample letters to medical bods are very open ended and I worry they might dismiss it as too much unpaid effort. Would it be acceptable to write a summary and ask them to confirm if that was an accurate representation, with the option to write more if they wanted? I imagine it was documented on my notes and probably some sort of accident/incident report for the clinics record.
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- LL26
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1 year 3 weeks ago - 1 year 3 weeks ago #284405 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Evidence from dentist
Hi esmith,
If your dentist witnessed a health incident, then I suspect that would be good evidence. At the very least a copy of your notes would no doubt assist.
Ideally a statement without prompting would be the best. I suggest that initially you phone and explain you are seeking to claim PIP - and one of the problems you have is ( I have used panic attack as an example, as you don't say what your problem was.) Remind them that you had the panic attack and could they explain what happened and what triggered this and the help you needed to calm down/ resolve the situation. Say that having a report would really help your claim.
Sound out the dentist/receptionist-if they agree that's good. Otherwise I suggest you write in and ask them to confirm you had the panic attack, were shaking wildly for 30 minutes and it took 20 mins to calm you down etc.
Basically anything is better than nothing. The dentist might ask for a fee, providing thst this is reasonable, again this might be worth paying. If you just need a copy of your records, you may be able to get this free.
And, to put your mind at rest, there was a case a while ago where DWP argued it was wrong to rely on what was effectively a tick box confirmation of health issues by a GP on request of his patient. The tribunal held that the GP did not have to agree, and the letter could be used in evidence and could be used in support of the claimant.
I hope this helps.
LL26
If your dentist witnessed a health incident, then I suspect that would be good evidence. At the very least a copy of your notes would no doubt assist.
Ideally a statement without prompting would be the best. I suggest that initially you phone and explain you are seeking to claim PIP - and one of the problems you have is ( I have used panic attack as an example, as you don't say what your problem was.) Remind them that you had the panic attack and could they explain what happened and what triggered this and the help you needed to calm down/ resolve the situation. Say that having a report would really help your claim.
Sound out the dentist/receptionist-if they agree that's good. Otherwise I suggest you write in and ask them to confirm you had the panic attack, were shaking wildly for 30 minutes and it took 20 mins to calm you down etc.
Basically anything is better than nothing. The dentist might ask for a fee, providing thst this is reasonable, again this might be worth paying. If you just need a copy of your records, you may be able to get this free.
And, to put your mind at rest, there was a case a while ago where DWP argued it was wrong to rely on what was effectively a tick box confirmation of health issues by a GP on request of his patient. The tribunal held that the GP did not have to agree, and the letter could be used in evidence and could be used in support of the claimant.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 3 weeks ago by LL26.
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- denby
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1 year 3 weeks ago #284406 by denby
Replied by denby on topic Evidence from dentist
Dear LL26, that last paragraph is gold dust! Thank you. One could even draft a document asking the GP for confirmation of what you state, with an opening paragraph pointing out that the GP is under no compulsion to tick if they do not agree. Pre-empt the rejection by DWP.
Could be handy to have the case reference for this if available please?
Denby
Could be handy to have the case reference for this if available please?
Denby
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- LL26
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1 year 2 weeks ago #284412 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Evidence from dentist
Hi Denby,
BH v Sec. State for Work and Pensions (AA)[2013] UKUT 241 (AAC) also cited as
CA/3049/2012
I don't think there is necessarily a problem with a set of questions to ask. I'm not sure whether the box saying ,GP doesn't gave to agree is necessarily helpful. I guess if he doesn't agree he won't sign/return the form!
The real key here is to writing appropriate questions.
Thus if someone has significant joint pain and swelling caused eg by arthritis and therefore struggles with all mobility, cooking etc
The best question is please confirm that MrX (your name) has
Arthritis and has significant swelling in his hands wrists, knees, hips and ankles that restricts movements such as fastening buttons the ability to grip items and walking fir than [ eg 50m] without considerable pain.
Ask then for a current list of medicine.
If medicine has been stopped due to allergy, side effect or just didn't work ask the GP to confirm why X drug is no longer supplied.
I think as long as you get even a patient summary confirming your diagnosis, you can then refer to NICE/NHS website or charity for that illness and quote from the symptoms page saying that 'according to NHS there are eg 5 symptoms for X - I have the following 4 symptoms...'
I hope this helps.
LL26
BH v Sec. State for Work and Pensions (AA)[2013] UKUT 241 (AAC) also cited as
CA/3049/2012
I don't think there is necessarily a problem with a set of questions to ask. I'm not sure whether the box saying ,GP doesn't gave to agree is necessarily helpful. I guess if he doesn't agree he won't sign/return the form!
The real key here is to writing appropriate questions.
Thus if someone has significant joint pain and swelling caused eg by arthritis and therefore struggles with all mobility, cooking etc
The best question is please confirm that MrX (your name) has
Arthritis and has significant swelling in his hands wrists, knees, hips and ankles that restricts movements such as fastening buttons the ability to grip items and walking fir than [ eg 50m] without considerable pain.
Ask then for a current list of medicine.
If medicine has been stopped due to allergy, side effect or just didn't work ask the GP to confirm why X drug is no longer supplied.
I think as long as you get even a patient summary confirming your diagnosis, you can then refer to NICE/NHS website or charity for that illness and quote from the symptoms page saying that 'according to NHS there are eg 5 symptoms for X - I have the following 4 symptoms...'
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, Wendy Woo, Chocolady
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