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Top Incapacity related benefits topic #4455

Subject: "IB Medical Examination where the examining doctor has previous knowledge of client" First topic | Last topic
pete c
                              

Welfare Rights Officer, Adult Social Care, Cornwall County Council, Truro
Member since
30th Oct 2008

IB Medical Examination where the examining doctor has previous knowledge of client
Fri 16-Oct-09 09:02 AM

Situation is as follows; Client went to an IB examination and failed to score sufficient points. The doctor that examined him had been part of the claimants former GP practice (just over a year before) but not his registered GP. The practice ran a sort of 'bus stop system' where the patient saw the next available doctor rather than one specific doctor and the client had been examined by the doctor above on more than one occaision and says he found him unhelpful and dismissive of his symptoms.

I cannot find anything (so far at least) in the regulations that suggests that this medical report should be discounted or repeated, there is a fair bit of case law bearing on EMPs sitting on tribunals and so forth but nothing I can see about this situation. Our arguments for the appeal could centre around possible bias and natural justice but it would be helpful to have some case law that touches on the point. Has anyone run into this before or know of any case law

Thanks
Pete.

  

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Top Incapacity related benefits topic #4455First topic | Last topic