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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Process of obtaining medical evidence

mbeaumont
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RCJ Advice Bureau

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Total Posts: 4

Joined: 14 June 2012

Hi,

I have a few ESA appeals in the pipeline all of which have no ESA113, just the ESA85 & ESA50.  I have written to some GPs requesting medical information which seem to be met with silence.  I would like to ask about your experiences on medical evidence.  Do I consider

1) Asking the client to get a letter
2) Asking the client to obtain medical records so that GP does not have to express an opinion.
3) We write to the DM and request that they obtain and state that we need the evidence for the tribunal to make an informed decision. 
4) or consider listing for a directions hearing at the FT

I just cannot understand how a tribunal can come to a decision without medical evidence, seems unjust to me.

Thanks in advance
Mik

[ Edited: 25 Jul 2012 at 07:21 pm by mbeaumont ]
1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Total Posts: 1711

Joined: 16 June 2010

There have been several recent threads on a similar theme.

In summary, there are various options:

- client can obtains copy of computerised medical records under DPA from surgery (£10 charge- more if paper records are included). However, in our experience such records are often of limited use.
- explore alternative sources of evidence (OT reports, physiotherapists, health visitors, CPN’s, Talking Therapy records, etc). These sources are often far more useful and informative.
- client’s oral evidence at FTT is often the most crucial form of evidence of all and if client is well-prepped, further evidence may not be needed anyway.

IMO, there’s generally little point in trying to pursuade DWP (or, indeed, TS) to obtain GP evidence. There may be some circumstances when it is crucial but I don’t think they arise very often.

mbeaumont
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RCJ Advice Bureau

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Total Posts: 4

Joined: 14 June 2012

Thanks for this, I will look back again at the other threds.


Cheers
Mik

[ Edited: 25 Jul 2012 at 07:22 pm by mbeaumont ]