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Problem with medical evidence for ESA appeal

  • jkw10
  • Topic Author
13 years 9 months ago #46449 by jkw10
I've just heard I have my appeal on 11 March but I am having a nightmare getting good medical evidence through no fault of my own.

First my local consultant said he could not see me in person because the clinic was short of staff. He read my notes and wrote to my GP with recommendations of treatment but I feel my case has been weakened by this.

Then when I had to move back to my family in order to get more support, my GP practise said I was out of their area (even though I was originally told I could continue to be registered with them) so I had to find a new GP last November.

My medical notes took 6 weeks to be transferred to the new surgery and I was assured by my new GP that she would be writing a report having read my CAB submission.

Now today the CAB call me to say my new GP has left the practise without writing her report!! I saw her only a few weeks ago and she said nothing about leaving. Another GP at this practise who has never seen me wrote to the CAB saying he could not help as I hadn't consulted him yet. The CAB has advised me to make an appt to see him and go through the submission with him.

I may not be able to get FRU representation either. I feel I am being obstructed at every turn.

Any advice please? I'm finding the whole process extremely distressing.

Thank you.

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13 years 9 months ago #46488 by cdcdi1911
Replied by cdcdi1911 on topic Re:Problem with medical evidence for ESA appeal
Hi jkw10

You could ask the surgery to let you see your medical records and photocopy any useful information, although there may be a charge. My own GP charges £10 for a computer printout of the notes but allows me to photocopy other documents at 10p per sheet.

Another option - less than ideal, is to ask the tribunal for a postponement to give you time to obtain your GP's report.

Best of luck

Derek

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  • jkw10
  • Topic Author
13 years 9 months ago #46490 by jkw10
Hi Derek,

Thanks for taking the time to answer my question. I have booked an appt to see the third GP to go over the submission.
The CAB have suggested I ask him to refer me back again to the consultant to see if the staffing issue has been sorted out (they declined to see me in Sept 10) and I've left a msg with the clinic this morning to find out what the current situation is. I won't get an appt to see the consultant before my hearing but the GP could point out in his report that I still need expert treatment from a consultant.

I've got CFS/ME and from reading the forum posts I can see it's one of those illnesses where the odds are rather stacked against us! The WCA took no account of what is sustainable activity and that being able to raise your arms once doesn't mean I could do so continually without undue fatigue.

Jenny

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  • originaldave
13 years 9 months ago #46503 by originaldave
Replied by originaldave on topic Re:Problem with medical evidence for ESA appeal
I would get a copy of notes pay for copies of all letters, then copy the lot and hand that in as evidance with a covering letter saying what you have posted here

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