my dr.s writing a letter

Good evening,

I asked my Dr. if he would support me if/when the DWP send him a ESA113.
He said he would write me a letter to go with my ESA50 form which is due any day,.
At some point somewhere i read that if the DWP think you have tried to influence your Drs. report by suggesting which criteria you may fit it can have a negative aspect on your claim.
I have however written a detailed report for him to consider when he writes his letter for me[he's probably already written it]
Can any-one please tell me if my thoughts on the criteria may be correct.


Please can some-one direct me to where i find the case laws are.
thanks.

pamela s wrote:

Good evening,

I asked my Dr. if he would support me if/when the DWP send him a ESA113.
He said he would write me a letter to go with my ESA50 form which is due any day,.
At some point somewhere i read that if the DWP think you have tried to influence your Drs. report by suggesting which criteria you may fit it can have a negative aspect on your claim.
I have however written a detailed report for him to consider when he writes his letter for me[he's probably already written it]
Can any-one please tell me if my thoughts on the criteria may be correct.


Please can some-one direct me to where i find the case laws are.
thanks.

Hi ps,

There is nothing wrong with "educating" your G.P. or other treating HCP in how the ESA WCA works, and how you may qualify.

Indeed, it is fine to give him something in writing to this effect.

The problem could arise, if your G.P. starts writing such things as "Mrs XXX tels me ......" etc etc. It may then be deemed that you have lead the G.P.

Therefore the above scenario should be avoided if possible.

Another problem that could arise, if you have to appeal, and have to produce such a letter of support or report, they may well ask whether you put your request for the report/letter in writing, and if so, they may wish to see your written request, again to see whether you have "put words in the G.P.'s mouth"

This could then discredit the report/letter.

You should discuss this scenario with your G.P.

bro58

Thank you for your reply bro58.

I only wrote in my detailed report thank you for supporting me then went on to describe my daily health problems and just said this letter is for your perusal at the end of it and signed it so i trust I have not been seen to put words in my dr.s mouth re which criteria i fit.

pamela s wrote:

Thank you for your reply bro58.

I only wrote in my detailed report thank you for supporting me then went on to describe my daily health problems and just said this letter is for your perusal at the end of it and signed it so i trust I have not been seen to put words in my dr.s mouth re which criteria i fit.

Hi p,

It is quite a tightrope to walk, hopefully your G.P. will purely give his informed opinion.

If possible, it is best if he can detail your limitations as a result of your health conditions, and you can then tie them in with the relevant ESA descriptors.

In these times many G.P.'s are unwilling to provide any type of letter at all, even for a fee.

Of course, you should check any such letter for any negative aspects before you include it with the ESA50.

bro58

My gp. wrote a letter a few months ago for me and didn't mention that i had been saying--- just wrote the problems i have on a weekly basis with my incontinence needs he did not put which criteria i might fit just as if he had listened to me[which he had]and said I have weekly episodes with considerably more detail.
I did mention if i was to suggest what to write it could be viewed negatively,he seemed quite surprised by this.
Fingers crossed the letter is good.

pamela s wrote:

My gp. wrote a letter a few months ago for me and didn't mention that i had been saying--- just wrote the problems i have on a weekly basis with my incontinence needs he did not put which criteria i might fit just as if he had listened to me[which he had]and said I have weekly episodes with considerably more detail.
I did mention if i was to suggest what to write it could be viewed negatively,he seemed quite surprised by this.
Fingers crossed the letter is good.

Best of luck!!

Please let us know how your WCA progresses.

Have a good weekend.

bro58