Medical report or letter from GP

Hi everyone, my husband has multiple musculoskeletal for 13 years due to a car accident. He recently lost his job and had to claim ESA & DLA(didn't know it exist before), which both have been turned down based on his GP's report and Atos medical assessment(0 point). We scored 45 points by ourself based on the material we have from Benefit and work.

We know his GP's report only contains that my husband suffers severe back pain and depression. His GP didn't mention anything about his neck, head, shoulder, arm...etc, which are all in his medical record. When we asked his GP to write a support letter for the appeal, his GP said that it's irregular to ask him to write anything for a patient, if the authority wants to know more, then they should contact to him directly with special form to fill in.

We feel like that the GP doesn't have the full picture of his normal day to day activities, and he felt a bit offended when he was asked to write something for my husband.

We have also asked the ESA & DLA departments, they said that they won't ask for a medical report or record from his GP or anybody, they have got enough.

My question is

1. We don't have anything to prove that he has got a problem, so before we go to appeal, shall we asked for a full length medical record from the NHS, to take with us to the tribunal? I don't think that the tribunal would believe him if we just turned up without any evidence.

2. His GP told us that we can only get the medical record through solicitor, is that true?

Thank you very much.

All the best

SF wrote:

Hi everyone, my husband has multiple musculoskeletal for 13 years due to a car accident. He recently lost his job and had to claim ESA & DLA(didn't know it exist before), which both have been turned down based on his GP's report and Atos medical assessment(0 point). We scored 45 points by ourself based on the material we have from Benefit and work.

We know his GP's report only contains that my husband suffers severe back pain and depression. His GP didn't mention anything about his neck, head, shoulder, arm...etc, which are all in his medical record. When we asked his GP to write a support letter for the appeal, his GP said that it's irregular to ask him to write anything for a patient, if the authority wants to know more, then they should contact to him directly with special form to fill in.

We feel like that the GP doesn't have the full picture of his normal day to day activities, and he felt a bit offended when he was asked to write something for my husband.

We have also asked the ESA & DLA departments, they said that they won't ask for a medical report or record from his GP or anybody, they have got enough.

My question is

1. We don't have anything to prove that he has got a problem, so before we go to appeal, shall we asked for a full length medical record from the NHS, to take with us to the tribunal? I don't think that the tribunal would believe him if we just turned up without any evidence.

2. His GP told us that we can only get the medical record through solicitor, is that true?

Thank you very much.

All the best

do you mean multiple musculoskeletal injuries ? as for proof start at the start did the police and ambulance go to the traffic accident is there a report number ? was he seen at A&E if so there will be a report.... if no report they will question how bad the accident was if not did he at least go to the GP if not why not....of courseyour last chance for proof is the insurance company have you the report number for the crash, they will still have all the paper work.

Hi SF

To answer your second question first, no it is not true. You are entitled to see your (or your husbands) GP notes and request a copy of the computerised printouts, although you might have to pay.

Unfortunately, many GPs do not understand that an appeal tribunal is a court of law (albeit an informal one), in which the DWP is the opposite party, and may therefore not be interested in obtaining information from your doctor to help your case. Even if they did write to them, they would not necessarily ask all of the relevant questions.

Nor for that matter will a tribunal automatically write to your doctor. The onus is on the parties to the tribunal (you and the DWP) to obtain evidence to support your respective cases. GPs lack of understanding in the benefit system does make the situation unfair on the appellant.

It might help I you see you doctor and try to explain this to him, but also try to obtain your husbands medical records and check that the evidence is supporting before submitting it to the tribunal.

Wishing you both the best of luck

Derek

Hi Dave

The accident appears to have occurred 13 years ago, so A&E reports will be out of date.

Derek

Hi again SF,

Is it your husband's GP records you wish to access ? If so contact the Practice Manager of your GP's surgery and tell them that you wish to access his records under the Data Protection Act 1998.

If it's his hospital records, then contact the Medical Records Officer, or similar title at the hospital which holds his medical records and ask for access. They will send you a form to complete. Officially, requests for access to medical records is called a 'Subject Access Request', but it's not necessary to use this phrase.

Under the above Act, GP's and hospitals are entitled to charge a £10 administration fee, plus costs for any photocopies or x-rays, scans etc.
The maximum cost that can be charged is £50, even if you ask for copies of everything.

However, I've been through this process with the help of my husband Jim (also a moderator, but currently off sick). if you wish to access hospital records, you can do this at the hospital. They will give you an appointment and in a private room, you can go through all your husband's records, x-rays, scans etc and pick out which reports you feel may be of use, and ask for photocopies. A clerk will sit close to you for security reasons, since it has been known for people to remove medical evidence from their records.

Finally, if your husband goes to a tribunal, and they feel there is insufficient up-to-date medical evidence for them to reach a decision, the usual course of action is for the appeal to be adjourned, and the Tribunal Judge will direct the DWP to obtain an up to date report on your husband's current medical problems. The DWP contracts out this work to Atos Medical Services.

Once the report has been obtained, you will be given a further date for your husband's appeal to be decided.

Hope this information is of help.

Good luck !

Pat

Hi Dave, many thanks for your reply. My husband had took the driver to the court, so it will be some record.

My husband has been examined for many times in hospitals and with many doctors, I am sure they're all written in his medical record. But I'm not sure if they keep anything from 13 years back in A&E. We will try to find as early as possible. Thank you.