Conflict of opinion

If a GP states on a ESA113 that a patient is capable of say mobilising 50 meters but a consultant disagrees, which opinion would the DWP consider to be the more valid? Also, how would the difference in opinion be treated at an appeal?

Shirley

Shirley wrote:

If a GP states on a ESA113 that a patient is capable of say mobilising 50 meters but a consultant disagrees, which opinion would the DWP consider to be the more valid? Also, how would the difference in opinion be treated at an appeal?

Shirley

Hi,

It is pretty impossible to second guess which evidence the DWP may accept. However factors such as how recently the relevant medical professional has seen you, how often they have seen you etc could have a bearing, as could the relative depth of overall information
supplied.

If such a case goes to a tribunal,the tribunal panel (rather like the Decision Maker) can select which evidence they believe best helps them determine a claim within the law. However the panel does have the advantage of seeing and asking questions of the appellant. The appellant also has the chance before attending the tribunal to obtain further or independent reports etc to add further weight to the evidence already given.

Pete

Shirley wrote:

If a GP states on a ESA113 that a patient is capable of say mobilising 50 meters but a consultant disagrees, which opinion would the DWP consider to be the more valid? Also, how would the difference in opinion be treated at an appeal?

Shirley

I would have been tempted to say, the opinion that goes against you

...but fortunately Pete and Gordon gave you a more serious answer.

Thanks for all the advice on this question.

I have now discovered the ESA113 was filled in by a doctor on my practice whom I have never seen!! Does this fact make any conflicting information he may have put about me on this form less valid? I would have thought so!

Shirley