DLA appeal and requesting GP opinion

I’d be really grateful for any advice on this. Client suffers from depression, anxiety, back and joint problems. She was awarded HRC/HRM in 2009 after her GP responded to a DCS request for medical report. GP stated that she had severe depression and anxiety which had a debilitating effect and that joint and back pain restricted her movements.

Client was then reassessed 2 years later and this time medical examination was carried out by DCS doctor. They stated that both physical pain and mental health problems were controlled by medication and that significant disability unlikely for either. Client was not awarded either rate of DLA and has appealed. Client states that her conditions have not improved and if anything have got worse.

We have had the DWP subs through which include both claim forms and both medical reports. Tribunal Service has requested that representative from DWP attend due to length of their subs and apparent complexity.

Client has a brief letter from doctor confirming her medical problems and simply stating that these require help with all aspects of mobility and daily functioning. Client states that GP has said that may be able to provide further info if specifically requested.

A major issue is clearly the discrepancy between the two medical assessments. I am considering writing to the GP, outlining the contents of these assessments and simply asking GP to comment on whether client’s health has improved/deteriorated/remained the same in the last 2-3 years.

Could there be potential problems in asking GP to comment on the subsequent DWP medical assessment? I know that you have to be careful with what you put in letters to GP’s due to the risk of their responses being treated as biased. I don’t want it to appear that I am trying to provoke the GP into defending their own report. But at the same time where there is such discrepancy between the two reports (and the subsequent awards), carried out at different times, it would seem sensible to ask the GP if there is any explanation for the differences in findings?

Am I safer just asking if there has been any change in client’s condition since 2009? My concern with this is that it is quite a general question and is likely to get a general answer that may carry less weight.

I think if it was me I would be focussing on why the GP’s opinion should be preferred to the EMP report rather than necessarily asking the GP to provide further letter especially as it sounds like the GP has confirmed their previous opinion. How often does the client see her GP? If the relationship goes back some years and GP has monitored client frequently the GP is surely better placed to comment on client’s care/mob needs than a doctor who has met her only once. Has client had OT assessment recently? an OT assessment report could be most useful in this sort of situation.

Is it worth requesting the GP records from the first report onwards including the clinic letters?
The problem i have had with some cases is that the patient hasnt bothered to even see their GP or anyone else since the last award :-/

I think I might ask the GP:
When did you last see this patient and what was that for (gets over the recent changes point)?
Then In 20—you kindly provided a medical report on this patient, a copy of which I enclose for ease of reference. As far as you are able to say, is that report still an accurate picture? Is there anything you would change if you were writing a similar report now?

That’s not leading because you’re asking him to reconsider his own evidence. But of course you can’t be 100% certain you’ll get the answer you and the client want.