letter of support

Crow wrote:

The charge that GP surgery's can ask is a discretionary charge. If you can prove that you cannot afford to pay the normal fee suggested(£10-£50 depending on how much information you want copied), they should be willing to consider waving the fee. If they believe that you can afford it they will ask you for it though. MY GP Practice refuses all patients access to their records unless they make a formal request (even just a look). I am trying to find out is this is legal or not.

the fees for letters are advised by the GMC and its more than you speak off its about £45 some reports for the DSS/Benefits Agency come under that too

its £60 for oap dvla letters to say still fit to drive


a copy of medical notes at about £50 is cheap as they can charge £70 to write one letter based on medical notes

there is a link on here somewhere to the GMC prices

Hi mumsgirl

I'll leave CD to answer your question. I just have to say that financial and benefit advice from a GP should be treated with as much caution as medical advice from a financial or benefit expert!

Good luck

Derek

I think this is the case law - "The tribunal needs to start from the basis that the claimant has an existing award, and it is for the DWP to justify its suspension decision by showing that there was a relevant change of circumstances". (CIB /946/2009)

In other words, the DWP actually have to prove your condition has improved, difficult for them when the ATOS tests are phony in the first place.

BB

mumsgirl wrote:

Thanks guys for taking the time trouble to reply. Sorry I was off line for a few days. Crazydiamond, do you mind if I ask what you meant by


" but in the first instance a claimant is entitled to question whether the DWP has fully discharged it's burden of proof in terminating ESA entitlement, and if not the DWP should be invited (neutral word) to act accordingly, which could form part of the reconsideration process "

as i'm a bit thick! Does it mean that that I ask the DWP if they got evidence from my GP? And what does 'invite' mean - does it mean that I can suggest to them that they get it in the case of an appeal? Or have I got it all wrong as usual? thanks

It simply means liaison with all the healthcare professionals assigned to a claimant's care.

As I said in my last somewhat protracted post, you are entitled to ask the DWP if they have contacted all the healthcare professionals involved with your care. As the ESA claim is 'live' which means you currently have an award of ESA, the DWP are obliged to seek the medical evidence as opposed to the claimant. If it was a new claim, the burden of proof would rest with the claimant, which would normally be a medical certificate from a GP. If you ask the DWP to obtain the medical evidence and they refuse your request, this can be used as a ground of appeal if necessary.

In essence, what I am saying is write to the DWP and ask that either they or more likely Atos, contact all the healthcare professionals involved with your care in relation to the work capability assessment, and ask them to respond in writing to your request to let you know of the outcome?

Bill Kruse wrote:

I think this is the case law - "The tribunal needs to start from the basis that the claimant has an existing award, and it is for the DWP to justify its suspension decision by showing that there was a relevant change of circumstances". (CIB /946/2009)

In other words, the DWP actually have to prove your condition has improved, difficult for them when the ATOS tests are phony in the first place.

BB

Paragraph 4 and the last sentence of paragraph 9 is appropriate in the Upper Tribunal ESA decision CE 191 2010.

thanks guys