ESA85A FORM

rachel

my gp told me that as the ESA113 belonged 2 DWP & Atos & not him I had 2 request from them, now they r all giving me the run around.

i think im going 2 request a copy of ALL my medical records from my gp anyway as im so sick of all this

many thanks

martin

Hi Martin

Decision makers and tribunals have a duty to consider and weigh-up all of the evidence in front of them, whether it's an ESA50/85/113 or any other letters and evidence.

If evidence is conflicting they have to decide on the balance of probabilities what's more likely; a tribunal has to go further and give reasons why they chose one piece of evidence over another. If you consider that anything you wrote on the ESA50 has been overlooked you need to stress this if you are appealing.

Regards

Derek

greeneyedlad wrote:

rachel

my gp told me that as the ESA113 belonged 2 DWP & Atos & not him I had 2 request from them, now they r all giving me the run around.

i think im going 2 request a copy of ALL my medical records from my gp anyway as im so sick of all this

many thanks

martin

I know very little about the Access to Medical Records Act, and it would appear that GP surgeries have different opinions of the rules.

I was told when requesting my medical records that letters from consultants belonged to the consultant and the surgery would need to seek permission from the consultant to disclose it. As far as the ESA113 was concerned, the staff only needed permission from my doctor, presumably in case it contained harmful information.

This may be of use to those thinking about getting a copy of their notes;

www.dh.gov.uk/prod_consum_dh/groups/dh_d...lasset/dh_113206.pdf

If you only request computerised notes, a maximum charge is £10!

Best wishes,
Rachel

Derek

yes well i think this may be the case why my gp wouldnt give me a copy of the ESA113 & im now getting the run around (because it contained harmfull info?)

as for the ESA85a form, it said on page 2 "harmful info" & then had a blank page, but on page 1 it stated "i can confirm that there is no harmful info in the report other than indicated" so i dont know if that means there was no harmful info included or that there was harmful info included but had been hidden?!

my consultant psychiatrist has agreed for me 2 c his records which is good but maybe he is hiding harmuful info also. (they didnt even request a report from y psychiatrist anyway)

im beginning 2 get paranoid now, but paranoia is 1 of my mental health symptoms anyway so thats not unusual hehe

many thanks

martin

appendix 1 is a formatted letter which can be used to request your notes.

www.dh.gov.uk/prod_consum_dh/groups/dh_d...lasset/dh_113206.pdf