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Forum Home  →  Discussion  →  Disability benefits  →  Thread

‘Don’t Know’ answer by GP and negative inference made by FTT

AndyG
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Stockport MBC Welfare Rights Team

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Joined: 3 May 2023

Does anyone recall a DLA decision that stated an answer of ‘Don’t Know’ by a GP on a GPFR (or similar) should be treated as neutral without a negative inference being made?

I have this scenario in a FTT PIP decision where it’s claimed that if the appellant’s mental health condition was as debilitating as she claimed then it would have been addressed by the GP in their report.

roecab
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Welfare benefits supervisor - Roehampton CAB

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See here

CDLA/4580/2003 states that where a general practitioner states “unknown” in response to the request for information as to the distance the claimant can walk before the onset of severe discomfort, the tribunal must treat the reply as neutral.

AndyG
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Stockport MBC Welfare Rights Team

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Total Posts: 13

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That’s the one I was looking for. Thanks roecab.