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Top Disability related benefits topic #876

Subject: "GP's providing evidence to support Revisions/Appeals" First topic | Last topic
M Jones
                              

Welfare Benefits Adviser, Money Advice unit, Herts County Council
Member since
18th Oct 2004

GP's providing evidence to support Revisions/Appeals
Mon 18-Oct-04 03:45 PM

I spoke to the GP of one of my clients on Friday to request evidence to support a DLA revision. He informed me that Doctor's had recently received guidance from British Medical Council stating that they should not provide evidence if the request comes directly from a patient who is challenging an adjudication. The patient should however be informed that the Doctor will provide this evidence if the adjudicator sends a request for it. On the basis of this he refused to provide us with any information/evidence unless the request came from DBC. Has anyone else come across anything similar or have any further information regarding the guidance itself?

  

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Replies to this topic
RE: GP's providing evidence to support Revisions/Appeals, Art Lagun, 18th Oct 2004, #1
RE: GP's providing evidence to support Revisions/Appeals, Damian Walsh, 19th Oct 2004, #2

Art Lagun
                              

Money Advice Worker, Oxfordshire Mind
Member since
22nd Jan 2004

RE: GP's providing evidence to support Revisions/Appeals
Mon 18-Oct-04 05:37 PM

I've not heard about this, but it sounds very strange. Though the DBC often writes to doctors or others at the stage of assessing a claim,I thought it was well-known that it is the claimant's sole responsibility to obtain evidence to challenge a decision. This is precisely the arm-twist I use when I write to doctors (or CPNs etc) for a supporting letter. Why would the DBC write (again) asking for more information when, as far as they're concerned, they got it right first time?
Tribunals may adjourn to request more medical evidence but they don't like doing it as they're under pressure to make a decision on the day.

  

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Damian Walsh
                              

Welfare Rights Officer Salford City Council, Salford Welfare Rights Service, Salford
Member since
11th Feb 2004

RE: GP's providing evidence to support Revisions/Appeals
Tue 19-Oct-04 08:34 AM

I wonder if he's refering to this:

http://www.bma.org.uk/ap.nsf/Content2/MedCertRep0704

It doesn't say that they cannot provide evidence but that might be how he remebers / interpreted it.

On the other hand some doctors just don't want to be bothered with doing reports (either unless they can get money or in any circumstances) but are reluctant to tell their patients this directly. To avoid this they will often say they have been told not to do it by the BMA, DWP or someone.

  

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