- Posts: 51288
× Members
Doctors support
- fedupn45
- Topic Author
13 years 4 months ago #61473 by fedupn45
Doctors support was created by fedupn45
If my Doctor is outraged at the Decision Makers decision, and says that he will put a strong letter forward to support my appeal, will this have any weight in my appeal? He was shocked and appauled that they consider me fit for work when he sees me on a regular basis.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
13 years 4 months ago #61481 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Doctors support
fedupn45 wrote:
The DWP and ATOS tend to depreciate your GP statements on the basis that the GP is primarily concerned with what you cannot do, whereas the ESA assessment looks at what you can do. Also ESA is based on very specific assessment criteria, which most GPs do not refer to.
So if your GP just says that you are not fit for work, then it will be considered, but you should not expect it to carry much weight with the Tribunal panel.
However, if your GP says, as an example, that you have problems walking and should not be expected to walk more than 50m without significant discomfort or pain, then this would have a lot more wight, as is specifically addresses one of the ESA criteria.
Hope this explains it.
Gordon
It will really depend on how it is worded.If my Doctor is outraged at the Decision Makers decision, and says that he will put a strong letter forward to support my appeal, will this have any weight in my appeal? He was shocked and appauled that they consider me fit for work when he sees me on a regular basis.
The DWP and ATOS tend to depreciate your GP statements on the basis that the GP is primarily concerned with what you cannot do, whereas the ESA assessment looks at what you can do. Also ESA is based on very specific assessment criteria, which most GPs do not refer to.
So if your GP just says that you are not fit for work, then it will be considered, but you should not expect it to carry much weight with the Tribunal panel.
However, if your GP says, as an example, that you have problems walking and should not be expected to walk more than 50m without significant discomfort or pain, then this would have a lot more wight, as is specifically addresses one of the ESA criteria.
Hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Andy
13 years 4 months ago #61487 by Andy
Replied by Andy on topic Re:Doctors support
Hi fedupn45
A letter just saying "I am outraged. This man/woman is definitely not fit for work" probably won't help much. Your GP needs to specifically say how the condition prevents you walking, or standing, or sitting, or concentrating mentally, or leaving the house on your own.... or WHATEVER. Or that trying to work will be dangerous to your health or other people. That is, it needs to be something that relates to the descriptors.
NB: I'm not a moderator so that's just my personal understanding!
Good luck,
Andy.
A letter just saying "I am outraged. This man/woman is definitely not fit for work" probably won't help much. Your GP needs to specifically say how the condition prevents you walking, or standing, or sitting, or concentrating mentally, or leaving the house on your own.... or WHATEVER. Or that trying to work will be dangerous to your health or other people. That is, it needs to be something that relates to the descriptors.
NB: I'm not a moderator so that's just my personal understanding!
Good luck,
Andy.
Please Log in or Create an account to join the conversation.
- fedupn45
- Topic Author
13 years 4 months ago #61493 by fedupn45
Replied by fedupn45 on topic Re:Doctors support
Thank you for the advice, much appreciated
Please Log in or Create an account to join the conversation.
- DRAGON2009
- Offline
Less More
- Posts: 654
13 years 4 months ago #61495 by DRAGON2009
Replied by DRAGON2009 on topic Re:Doctors support
especially at tribunal level. It needs to specify the condition and describe your GP's understanding of your difficulties, as well as prognosis. Eg. If no further treatment is available, or likely to be helpful, or the condition is unlikely to improve, then it should say so.
Seek advice locally from CAB or other agency
Seek advice locally from CAB or other agency
Please Log in or Create an account to join the conversation.
- fedupn45
- Topic Author
13 years 4 months ago #61498 by fedupn45
Replied by fedupn45 on topic Re:Doctors support
Thanks very much for your advice
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David