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Unhelpful doctors report

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13 years 6 months ago - 12 years 7 months ago #29364 by melrose
Unhelpful doctors report was created by melrose
My regular doctor recently left the practice, and had left just over a week before the one remaining doctor recieved the request for a report. I am now appealing to tribunal and looking at the doctors report went back to him to point out his errors ( I was very tactful and understanding even though I feel he could have had me in to chat about it if he was not sure). He had only seen me once before he wrote the report and clearly had not read my file before writing the report. He then did (once his errors had been pointed out) a letter to the Appeals service confirming that I have the conditions I have but did not say the severity or how this affects me (in the report he wrote I could look after myself no problem and could walk just fine which is totally incorrect!). It has become clear to me that he does not support anyone claiming benefit and will give me the absolute minimum help he can possibly get away with. What can I do? I live in a very small village, he is the only doctor and is the senior man at the practice. I feel very frustrated, please help :(
Last edit: 12 years 7 months ago by Gordon.

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  • originaldave
13 years 6 months ago #29371 by originaldave
Replied by originaldave on topic Re:Unhelpful doctors report
Shirell Harper wrote:

My regular doctor recently left the practice, and had left just over a week before the one remaining doctor recieved the request for a report. I am now appealing to tribunal and looking at the doctors report went back to him to point out his errors ( I was very tactful and understanding even though I feel he could have had me in to chat about it if he was not sure). He had only seen me once before he wrote the report and clearly had not read my file before writing the report. He then did (once his errors had been pointed out) a letter to the Appeals service confirming that I have the conditions I have but did not say the severity or how this affects me (in the report he wrote I could look after myself no problem and could walk just fine which is a total lie!). It has become clear to me that he does not support anyone claiming benefit and will give me the absolute minimum help he can possibly get away with. What can I do? I live in a very small village, he is the only doctor and is the senior man at the practice. I feel very frustrated, please help :(



If he has wrote lies you should report him to the PCT and the GMC are you 100% sure ?

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13 years 6 months ago #29380 by Derek4
Replied by Derek4 on topic Re:Unhelpful doctors report
Hi Shirell, Dave

I can understand how frustrating it must be to have an inaccurate and badly drafted report from a doctor. But I don't think they can be called lies. You can't be certain that the doctor intentionally gave false information, as opposed to inattention to what he was doing (inattention is what many doctors are good at).

Shirell, if a doctor is unhelpful, it's usually best not to send his report. As you already have, it would be best not to rely on his report, but provide your own evidence by way of a description of how you disability affects you (don't know which benefit your appeal involves). Evidence from any other profession involved with your health may help, as will non-medical evidence such as witness statements from people who know you well and have witnessed how your disability affects you.

You'll find detailed information about submitting evidence in the appeal guides.

Good luck with your appeal

Derek

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  • stressedout
13 years 6 months ago #29383 by stressedout
Replied by stressedout on topic Re:Unhelpful doctors report
If you disagree with the report then I would make it clear to the Decision Maker that you contest the contents of that report and reject its findings - formally.

The basis of rejection could be on the basis that the author of that report is not the person who knows you best; as the departure has left someone whom you have only seen once, relying on written notes which may not represent you conditions and how they affect best.

Certainly eveidence from others will help, i.e. Any other person(s) who assists with your care or is able best to descibe how your condidtion affects you.

Basically, you need to make it clear that the evidence of that report is not factually correct and challenge it through an Oral Tribunal. Oral Tribunals seem to have a higher sucess rate.


Hope this helps.

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13 years 6 months ago #29392 by Gordon
Replied by Gordon on topic Re:Unhelpful doctors report
I am afraid that a bad medical report is a catch-22.

If you don't put it in, then you are weakening your case and you may well be asked why it is missing.

If you do, then you are opening yourself to questions about the content.

Either way, the only sound advice I think anyone can give is to be prepared to answer the questions, whichever ones you end up with. Too often I used to see people coming out of meetings saying "I knew he was going to ask that", and yet they still had no answer prepared.

Steve

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

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  • Survivor
13 years 6 months ago #29398 by Survivor
Replied by Survivor on topic Re:Unhelpful doctors report
Shirell - one possibility if you can afford it is to see if the doctor who knew you before would give you a private report. Doctors' charges for reports vary widely, but some GPs don't charge much if it's for benefits purposes. You could find his current address from the GMC.

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