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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

GPs refusing to provide Medical evidence

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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I have an ESA Tribunal coming up for a client and wrote to his GP asking her to answer a few questions pertinent to the case. I received the following reply:

Dear Billy Durrant
RE:  XXXXXXX   dob XXXXXX
Benefits and Housing – GP letters  
The Local Medical Committee (LMC) is the body recognised by law as representative of all NHS GPs.  This letter has been produced by the LMC for use by GP Practices.
The job of GPs is to provide medical care to their patients and they are not in a position to administer nor to police the benefits system.  It is not appropriate for GPs to be asked for letters of support or letters to confirm care needs.  GPs are neither contracted nor resourced by the NHS to provide this service and do not have the capacity to do so.  Time taken up with paperwork is time taken away from direct patient care.  There are contractual and agreed methods for GPs to provide medical information to the Department for Work and Pensions, to Birmingham City Council and to other agencies.  These are sent to the GP Practice and GPs respond directly to such requests for information.  Therefore we cannot respond to your request for a letter.

Patients can have copies of their medical records but there will be a fee. You can contact the LMC if they require further clarification.

Has anyone seen this (template) letter that seems to have originated in Birmingham (I work in West Yorks) and if so how did you respond?
In this particular case, the client made a suicide attempt by driving his car into a wall when he was found not to have LCW so I think it is a bit disingenuous for them to say that it is ‘time taken away from direct patient care’ and I was thinking of replying (politely) along those lines. Any thoughts welcome.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Haven’t come across the template letter but have certainly come across surgeries who won’t provide letters for the same reason (and who always charge for copies of consultations records, etc).

I would send a copy of the letter to TS to be circulated and ask the tribunal to adjourn with a direction for client’s records to be obtained from surgery if they feel it is necessary. Presumably, in view of his suicide attempt, client has had some input from local mental health services? If so, I would approach them direct for supporting evidence.

Mick Quinn
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Welfare rights officer - Northumberland County Council

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Billy,
Think this appears to be the start of it:

http://www.pulsetoday.co.uk/home/finance-and-practice-life-news/benefit-request-refusal-letters-are-proving-valuable-for-local-gps-says-lmc/1/20004687.article?&pageno=1&sortorder=dateadded&pagesize=50

and this template appears to be the one being used.

http://www.sslmc.co.uk/PDFs/Benefits Reform - GP letters.pdf

Touchwood, other than the GPs who have never supported patients in the benefit arena this has not become an issue for our clients.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Thanks.
Mick the link http://www.sslmc.co.uk/PDFs/Benefits Reform - GP letters.pdf does not work

Ros
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editor, rightsnet.org.uk

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hi billy -

have uploaded the document below -

cheers ros

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Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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It would seem many (or all) areas have a similar document now. Sometimes you get a bespoke letter containing the GP’s medical opinion, sometimes a copy of the medical records, sometimes this letter. Whatever you get, bung it in to the appeal papers so the tribunal doesn’t wonder why the GP hasn’t supported the appellant’s case.