Question about Medical Reports and the ESA50

As I just mentioned I am being transferred from IB to ESA.

The declaration on ESA50 mentions that the DWP can ask one's doctors for medical information.

How does this interact with the Access to Medical Reports Act 1988? Will I have a right to see any such reply before it is sent to the DWP?

Thanks!

Vorondil wrote:

As I just mentioned I am being transferred from IB to ESA.

The declaration on ESA50 mentions that the DWP can ask one's doctors for medical information.

How does this interact with the Access to Medical Reports Act 1988? Will I have a right to see any such reply before it is sent to the DWP?

Thanks!

Hi V,

It would be far better if you kept your queries to this one thread, to avoid confusing us poor Moderators.

I have locked your other post.

bro58

Vorondil wrote:

As I just mentioned I am being transferred from IB to ESA.

The declaration on ESA50 mentions that the DWP can ask one's doctors for medical information.

How does this interact with the Access to Medical Reports Act 1988? Will I have a right to see any such reply before it is sent to the DWP?

Thanks!

Hi V,

The DWP may contact your G.P. regarding your ESA WCA.

If so, this will be done in the form of issuing an ESA113, see :

www.dwp.gov.uk/docs/esa113-interactive.pdf

&

www.dwp.gov.uk/docs/medical-reports-completion.pdf

It is advisable to discuss one's ESA WCA process with the G.P.

It may be possible to obtain a letter of support from the G.P., although the G.P. is not contractually obliged to provide such a letter to his patient.

bro58

bro58 wrote:

Vorondil wrote:

As I just mentioned I am being transferred from IB to ESA.

The declaration on ESA50 mentions that the DWP can ask one's doctors for medical information.

How does this interact with the Access to Medical Reports Act 1988? Will I have a right to see any such reply before it is sent to the DWP?

Thanks!

Hi V,

The DWP may contact your G.P. regarding your ESA WCA.

If so, this will be done in the form of issuing an ESA113, see :

www.dwp.gov.uk/docs/esa113-interactive.pdf

&

www.dwp.gov.uk/docs/medical-reports-completion.pdf

It is advisable to discuss one's ESA WCA process with the G.P.

It may be possible to obtain a letter of support from the G.P., although the G.P. is not contractually obliged to provide such a letter to his patient.

bro58

Hi V,

In response to your question regarding access to any response from your G.P. to the DWP, (ESA113).

Your G.P. does not have to show or discuss his comments on the ESA113 with you, however he/she may do this, if you make such a request beforehand.

However, you would be able to obtain a copy of the ESA113, from the DWP, afterwards.

As I have said though, the DWP do not contact a claimant's G.P. as a matter of course.

bro58