Problems with GP

If you are a member you can find out if your GP will be contacted by looking at the following:

This is found in the Incapacity Benefit area but I think it now applies to ESA.

www.benefitsandwork.co.uk/help-for-claimants/incapacity

Mod edit: direct links to the PDFs in the members area are not permitted and do not work.

Please click on the link and scroll down to 'Common diseases'.

bruce

i have me/cfs & mental illness. i was transfered to esa WRAG group without a medical & my doctor was asked to fill in an esa113 form.

i have requested copys from the decision maker of the esa65 & esa85a forms 2 c how many points i scored & on what descriptors etc & have been assured that a copy of the esa113 will b included with this request, but i will have 2 wait & c.

i would imagine that ur ms is a worse illness than my m.e so would summise that he will defo b requirted 2 fill in the esa113 form but i dont know for sure.

good luck

martin

Bruce Robinson wrote:

Hi Bro58,

Thanks for your replies and suggestions.

I think what I will do is write a fairly detailed letter and ask for some rapid indication of what he intends to do - whether he will write me a letter or not. If not, I will continue badgering and see him again. I will also inquire about seeing my records.

I am still unclear about whether the DWP will contact my GP and what for. Presumably having been on IB for a long period they don't need a medical certificate (I love the Orwellian term 'fit note'). Otherwise the information for doctors states "GPs may also be asked to complete form ESA113 for patients with a severe disability, who might be entitled to benefit without the need for a face-to-face assessment." I doubt this applies to me. Are there other circumstances in which they might contact my GP? It'd be useful to know so I don't get told again that "Thery'll send me the forms".

Thanks.

Bruce

Hi Bruce,

It is quite common for the DWP to ask a G.P. to fill in an ESA113 to gather evidence in making a decision re : an award of ESA.

With regard to your question about other circumstances where they would contact your G.P.

If you look on my original post, I advised of the "burden of proof" being on the DM.

Therefore if you make a formal written request that the DM should contact your G.P. or other HCP, to gain evidence before making a decision on your ESA award, the DM is obliged to do so.

If you receive an adverse decision, and the DM is found not to have carried out your request, this will help with an appeal against said decision.

You can make such a written request as part of your ESA50, or in a seperate letter.

Hope this helps.

bro58

Hi Bro58,
I did just that, I wrote a letter to the DWP stating that I had previously been told by the Appeals dept (by phone)that they had to use all available information, including medical records, and as such it was their responsibility to get that info.
I wrote that I was giving my consent to my records being accessed by the DWP yet they went ahead and upheld their original decision without this information. They then told me when I rang again, they do not obtain peoples medical records.
Talk about banging your head against a brick wall, so am now waiting for the tribunal

Anne

pussycat1961 wrote:

Hi Bro58,
I did just that, I wrote a letter to the DWP stating that I had previously been told by the Appeals dept (by phone)that they had to use all available information, including medical records, and as such it was their responsibility to get that info.
I wrote that I was giving my consent to my records being accessed by the DWP yet they went ahead and upheld their original decision without this information. They then told me when I rang again, they do not obtain peoples medical records.
Talk about banging your head against a brick wall, so am now waiting for the tribunal

Anne

Hi Anne,

Here again we see the, "information given over the phone syndrome".

The information was correct in this instance, but would have been more useful in writing.

When the DWP say "they do not obtain peoples medical records", this statement may in fact be true.

They generally ask the G.P. to fill in forms such as the ESA113, or maybe provide a report.

They should have done the above, if your claim is a supersession, as the burden of proof is on them.

I would phrase such a request, as "I request that you gain information regarding my medical conditions, and resulting limitations from my G.P., (or other treating HCP), to use as evidence in making your decision on an award of ESA". Or something of that ilk.

If they haven't contacted your G.P. with such a request to give information, you could use this fact in your appeal.

Personally, I feel it is better, money situation, and other circumstances permitting, to obtain your own medical evidence, and ensure the DM and ATOS have it in front of them, but that's just my opinion.

cheers

bro58

Thanks for all the suggestions.

I think I will still write to my GP requesting a letter as there seems to be no guarantee the DWP will contact him and it would be useful for him to know more about my condition anyhow. I will also ask to see my medical records and decide whether I wish to demand that the DWP also look at them when I send in my ESA50. Depending on my GP's response, I will then decide whether any escalation is necessary.

On Mrs. Hurtyback's comments:

It is quite likely that my GP does not understand how the DWP operate especially with the new re-testing of people on IB. It's taking me a lot of effort to find out how they work and there seem to be a lot of grey areas. As for letter writing not being part of the NHS service, if he had asked for a reasonable payment to do it, I would have protested but paid if there was no alternative.

However my observation about my doctor being lazy was not based on this but my experiences when I have gone to him about other things where I have really had to fight to get him to do anything. The way he didn't let me finish what I wanted to tell him seems to me to be typical of the way he has dealt with me. I have also had bad experiences with the other doctor in the practice - a missed diagnosis of something serious - so just changing doctors within the practice does not necessarily solve the problem.