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GP evidence based on claimant’s account/history
Please can anyone remind me which UT decision dealt with the question of the weight to be given to evidence from a GP which was along the lines of “Mr X tells me that…” The UT held that weight should be given because much medical practise is based on accounts given by patients (or words to that effect).
I think it was a DLA decision by UTJ Wikely about 3 years ago.
Thanks
Many thanks Mike. I think it may be another one. This UTD is helpful though.
Can’t find one meeting your parameters but there is:
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=3269
(Judge Jacobs on all disability assessments having to take into account what the claimant says)
http://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=2733
(Judge Lane on a doctor saying “x says he cannot do y” not necessarily meaning the doctor adopts that assessment)
Thank you. All very helpful.
well unless it’s an issue that can be proved by way of objective evidence (such as broken bone, hearing loss, something that can be tested for) all diagnosis is largely based on what claimant says, and that leads on to the GP/consultant/whoever referring for appropriate testing etc etc etc…
some results follow automatically from the nature of the injury/disease/condition; others don’t, and in others it can be a question of degree and of individual fortitude
so doesn’t it depend on the context?
Is this one any use?
DB v SSWP [2010] UKUT 0144, UT Judge Wikeley
Conflicting medical evidence, industrial disablement.