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TOPIC: Conflict of opinion

Conflict of opinion 6 years 1 month ago #67308

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

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Re:Conflict of opinion 6 years 1 month ago #67322

  • pete17971
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

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Re:Conflict of opinion 6 years 1 month ago #67324

  • Gordon
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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'm not sure there is any definitive answer to your question :(

Your Consultant may have more specific knowledge about you condition but you rGP will have more general knowledge.

Which letter is the more recent?

How explicit are the two statements?

What additional evidence is included in the reports to support the statements.

All of these, and probably more, will influence both the DWP Decision Maker and the members of a Tribunal.

The fact that there is a discrepancy is not positive and needs to be addressed if you submit both reports as evidence.

Gordon

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

Re:Conflict of opinion 6 years 1 month ago #67337

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 :laugh:

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

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Re:Conflict of opinion 6 years 1 month ago #67468

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

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Re:Conflict of opinion 6 years 1 month ago #67488

  • Gordon
  • Away
  • Posts: 31022
Shirley wrote:

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

You can certainly argue this at a Tribunal, but, the doctor should have used your medical records to compile his answers on the ESA113, so it would be worth your reviewing these to see there is anything that contradicts this position.

Gordon

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