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TOPIC: PIP TRIBUNAL REQUESTING MEDICAL RECORDS

PIP TRIBUNAL REQUESTING MEDICAL RECORDS 10 months 1 day ago #181238

My PIP Tribunal was adjourned as the doctor due to sit on the panel did not turn up.

When I got the adjournment notice, they also included a permission slip as the judge made a direction to obtain all my medical records from GP and consultant.

What happens if I don't sign the permission slip and refuse access, as I don't want the DWP having my full medical records on their files?

Can I refuse and get my own evidence, from my GP and even private doctors and consultant's if necessary to present to the court? And would it go against me if I did just this?

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PIP TRIBUNAL REQUESTING MEDICAL RECORDS 9 months 4 weeks ago #181305

Dave

You can't supply your only evidence in reply to this request, they want to see your medical records.

If you refuse the request then it certainly won't help your claim although it may not harm it.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP TRIBUNAL REQUESTING MEDICAL RECORDS 9 months 4 weeks ago #181433

Dave: In addition to Gordon's response, it's worth bearing in mind other factors. In no particular order (DON'T panic when reading these - just see it as info):

- a Tribunal is within its rights to draw inferences in the absence of evidence that has been requested (this applies to all parties). That doesn't mean it will (draw inferences) but the option would be open to the Tribunal.

- did the Direction contain any warning that a failure to comply *may* result in the appeal being unsuccessful? If not, no problem. If it did, that would be an option open to the Tribunal (i.e. a "summary decision" - one that doesn't look at the evidence).

- it very rarely happens because the "inferences" option is there but a Tribunal could, theoretically, hold an uncooperative party (or witness) in contempt.


If your GP and/or consultant are unhelpful, you could ask the Tribunal to vary the Direction to include them or, alternatively, issue a separate Direction to them directly.

Good luck.
The following user(s) said Thank You: daveb123

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PIP TRIBUNAL REQUESTING MEDICAL RECORDS 9 months 4 weeks ago #181512

Hi My GP and consultant are willing to provide me with supporting letters - that isn't the problem.

The problem is that I don't want the court / dwp having a copy of my medical records / as they will contain other sensitive information that is nothing to do with my appeal / illness.

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PIP TRIBUNAL REQUESTING MEDICAL RECORDS 9 months 4 weeks ago #181528

daveb123 wrote: Hi My GP and consultant are willing to provide me with supporting letters - that isn't the problem.

The problem is that I don't want the court / dwp having a copy of my medical records / as they will contain other sensitive information that is nothing to do with my appeal / illness.


The DWP are constrained by the Data Protection Act, this also restricts who can access your information.

Gordon
The following user(s) said Thank You: daveb123

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP TRIBUNAL REQUESTING MEDICAL RECORDS 8 months 1 week ago #186231

"The DWP are constrained by the Data Protection Act, this also restricts who can access your information."

Sorry if I'm being a bit dense here - but what exactly does that mean? My understanding is that the Act still permits them to retain a copy of your full medical records (for whatever period) but are only supposed to look at the parts relevant to your case/claim. In other words we have to take it on trust that they will be sensitive and self-governing about this.

Do you also happen to know if claimants' medical records are held electronically, or in hard copy only? And for how long?

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