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GP’s decision disregarded
My client has failed WCA. This is the entry in his UCJ:
“Please see the attached decision letter regarding your work capability assessment.
Although we recognise your health condition you no longer need to provide medical evidence, including sick notes. This is because you have been assessed as capable to undertake some form of work.
I understand your fit notes state you are unfit for work, the primary role of a GP is to diagnose and treat any medical conditions that their patients present to them. A GP does not routinely consider functional restrictions appropriate to the activities and descriptors of the limited capability for work assessment.”
I am going to MR this as client has good grounds for at least LCW, but I could do with some help against this particular concept that whilst GP considers client not fit for work, UC does.
If it was correct that fit notes = LCW there would be no need to have WCA as almost everybody who was put forward for WCA would pass automatically (because they would have fit notes).
The fact is that LCW is not necessarily what a GP (or any reasonable person) thinks it is. A GP’s evidence is helpful to confirm that a person has a specific diagnosis, and it might even be helpful in confirming some things that a person is or is not able to do. But GPs are not routinely trained in the activities for LCW (or PIP, etc. for that matter).
So if a GP says a person cannot bend their arms without severe pain, that would be helpful in assessing activity 4, for example. But if a GP just says a person can’t work, what does that mean specifically?
Focus on what the GP is saying and how that relates to the LCW activities. And if the DWP makes any findings which are based on directly contradicting facts that are reported by the GP, challenge that. But if the GP hasn’t specifically addressed the LCW activities, their evidence is not necessarily going to be very helpful.
Cool, thank you for that Timothy
If it was correct that fit notes = LCW there would be no need to have WCA as almost everybody who was put forward for WCA would pass automatically (because they would have fit notes).
The fact is that LCW is not necessarily what a GP (or any reasonable person) thinks it is. A GP’s evidence is helpful to confirm that a person has a specific diagnosis, and it might even be helpful in confirming some things that a person is or is not able to do. But GPs are not routinely trained in the activities for LCW (or PIP, etc. for that matter).
So if a GP says a person cannot bend their arms without severe pain, that would be helpful in assessing activity 4, for example. But if a GP just says a person can’t work, what does that mean specifically?
Focus on what the GP is saying and how that relates to the LCW activities. And if the DWP makes any findings which are based on directly contradicting facts that are reported by the GP, challenge that. But if the GP hasn’t specifically addressed the LCW activities, their evidence is not necessarily going to be very helpful.
This sort of thing needs repeating long and loud to both claimants and representatives. Medical evidence from a GP helpful in a limited set of circumstances and is never binding. Lost count of the number of conversations I have heard with irate WROs berating ATOS et al for example for disregarding GP evidence about whether a claimant needs a home visit as a reasonable adjustment for example. It’s almost like the social model of disability had never been invented.
This sort of thing needs repeating long and loud to both claimants and representatives. Medical evidence from a GP helpful in a limited set of circumstances and is never binding. Lost count of the number of conversations I have heard with irate WROs berating ATOS et al for example for disregarding GP evidence about whether a claimant needs a home visit as a reasonable adjustment for example. It’s almost like the social model of disability had never been invented.
You are right. I was brought up for example on a notion that medical evidence trumps everything.
And GPs can be a part of social model of disability too, not just medical.
So it can be confusing when DWP says: you can work, and GP says: you can’t work. I know its not that black and white but the intricacies require high level of experience which some of us don’t possess just yet.