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Top Disability related benefits topic #4289

Subject: "GP refusing to fill in a statement on a claim form" First topic | Last topic
steve_h
                              

Welfare Rights Caseworker, Advocacy in Wirral, Birkenhead, Wirral
Member since
06th Mar 2006

GP refusing to fill in a statement on a claim form
Mon 26-Feb-07 10:01 AM

I know this topic has been discussed before, but I can't find the thread.
A local GP is refusing to fill in the "statement from someone who knows you well" on a DLA claim pack. I am sure there is some law or contractual issue which means a GP cannot refuse to do this.

Can anyone help?

  

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Replies to this topic
RE: GP refusing to fill in a statement on a claim form, bensup, 26th Feb 2007, #1
RE: GP refusing to fill in a statement on a claim form, steve_h, 26th Feb 2007, #2
RE: GP refusing to fill in a statement on a claim form, Paul_Treloar_, 26th Feb 2007, #3
RE: GP refusing to fill in a statement on a claim form, tony benson, 26th Feb 2007, #4
      RE: GP refusing to fill in a statement on a claim form, steve_h, 26th Feb 2007, #5
RE: GP refusing to fill in a statement on a claim form, g voiels, 01st Mar 2007, #6
RE: GP refusing to fill in a statement on a claim form, rogerr, 07th Mar 2007, #7

bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: GP refusing to fill in a statement on a claim form
Mon 26-Feb-07 11:50 AM

Does form part of a GP contractual obligation - however some of them don't seem to care about that!

We wrote to the PCT and they did eventually sort it out in our area. The GP's we had problems with merely put dianoses and medication on though so it's not much use anyway.

  

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steve_h
                              

Welfare Rights Caseworker, Advocacy in Wirral, Birkenhead, Wirral
Member since
06th Mar 2006

RE: GP refusing to fill in a statement on a claim form
Mon 26-Feb-07 12:22 PM

Thanks bensup, but who is the contractual obligation between?

  

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Paul_Treloar_
                              

Director of Policy and Services, Disability Alliance, London
Member since
15th Sep 2006

RE: GP refusing to fill in a statement on a claim form
Mon 26-Feb-07 12:32 PM

It is in the GP contract (pdf version) which appears to be between the GP and the Primary Care Organisation in their area.

On the first page it notes that "NHS GPs are also required to complete the statement contained within the Disability Living Allowance or Attendance Allowance claim pack.

  

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tony benson
                              

Welfare Rights Adviser, Southwark Welfare Rights Unit
Member since
21st Jun 2005

RE: GP refusing to fill in a statement on a claim form
Mon 26-Feb-07 12:40 PM

I do outreach sessions in GP's surgeries. Usually a GP will not have the kind of information that is needed; it would be better to get the statement done by a friend, relative or carer. Also you can end up a hostage to misfortune if the GP contradicts what they have put on the statement when they do the GP factual report (which will ask for similiar info and for which they will get paid)or if you want them to provide info for an appeal things can get a bit awkward.

Also standing on contractual duties etc is a sure way to get rubbish evidence. Better to try and discuss things with the doctor to win them over a bit.

Hope this is helpful.

  

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steve_h
                              

Welfare Rights Caseworker, Advocacy in Wirral, Birkenhead, Wirral
Member since
06th Mar 2006

RE: GP refusing to fill in a statement on a claim form
Mon 26-Feb-07 01:08 PM

Thank you for the information

Steve

  

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g voiels
                              

Community Welfare Rights Officer, Wolverhampton City Council Social Services Dept
Member since
08th Sep 2006

RE: GP refusing to fill in a statement on a claim form
Thu 01-Mar-07 10:13 AM

Gp's are required to complete the 'Statement' under guidance from the BMA as they are recognised to be in a better position to comment on medical matters than friends, carer's etc. Also their comments/opinion will invariably carry more evidential weight than those of a friend, carer etc who will not be viewed as as independent as a GP.

I have got the BMA guidance which clearly states that GPs are required to provide these statements for free as well as the standard letter that we send to GPs reminding them of their duty, however I can't remember how to post these on the site. So if you can tell me where to send them I'll send them to you!

  

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rogerr
                              

welfare benefits advisor, Sutton CABx
Member since
27th Nov 2006

RE: GP refusing to fill in a statement on a claim form
Wed 07-Mar-07 04:38 PM

I also had a case where the GP demanded a fee of £25 to complete the section on a DLA claim form

  

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