letter of support

I just asked my GP for a letter of support to send with my ESA50 form, but she refused!
She said it is the practice policy not to do this because the DWP will get in touch with her anyway, and letters of support in this instance would just be duplicates of what she would write on the DWP report. It is unusual for a GP to refuse? Will the DWP definately get in touch with her? How can I find out if they have? And if they haven't can I do anything about it? thanks

Hi mumsgirl

Unfortunately it is not unusual for a GP to refuse to write letters of support and they only have a statutory duty to send information to the DWP if the DWP request it.

The DWP is not certain to get in touch with her; you can find out if they have by asking to see your medical records and checking for any correspondence.

I think you can only explain to your GP that the DWP do not write to GPs if they think they have sufficient evidence to make a decision, but there is no such thing as sufficient evidence if it is not all of the evidence.

Alternatively if there is supporting information in your GP notes you can ask for photocopies but you may have to pay a charge.

Good luck

Derek

mumsgirl wrote:

I just asked my GP for a letter of support to send with my ESA50 form, but she refused!
She said it is the practice policy not to do this because the DWP will get in touch with her anyway, and letters of support in this instance would just be duplicates of what she would write on the DWP report. It is unusual for a GP to refuse? Will the DWP definately get in touch with her? How can I find out if they have? And if they haven't can I do anything about it? thanks

Although it may be necessary to provide supporting evidence to substantiate your claim, please remember that as you are currently receiving ESA the burden of proof rests entirely with the Secretary of State (DWP) to either show that you are entitled, or not entitled to the allowance.

As you have already been awarded ESA, the responsibility lies with the DWP to gather all the necessary information to show "on the balance of probabilities" that you either continue to receive ESA or taking into account all the evidence, you no longer qualify for the allowance. This in my view requires liaison with all the healthcare professionals assigned to a claimant's care, which is the responsibility of the DWP and not the claimant.

The work capability assessment is not restricted to the information solely given at a medical assessment, and recorded by the approved disability analyst on form ESA85 (the medical report). The final decision by the ESA decision maker must take into account all the evidence. Indeed, since the production of the Harrington Report it has been deemed unacceptable for ESA decision makers to simply rubber-stamp the medical assessment report, without recourse to the totality of other (medical) evidence.

There may of course be a requirement for a claimant to seek (further) medical evidence in order to support an appeal against an adverse ESA decision, 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. This is particularly important, as the government seem keen to make more use of this process to reduce the number of expensive appeals.

In the past the reconsideration process merely paid lip service to the original adverse decision in benefit entitlement cases, but it would now seem an ideal opportunity to put the DWP on notice that you fully intend to require them to discharge the burden of proof which would be crucial to any potential appeal, should it be necessary?

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.

Sorry, I forgot to say......if the benefits application is turned down you have 1 month to request (in writing) a copy of the GP report - and any other paperwork they used to make the decision. They must supply this to you on request but I think they have 14 days to supply this but would check the Direct.Gov website for confirmation. GP's are extremely busy and have been known to ask a junior colleague to complete the DWP request. The junior simply takes info from your medical records which are often very simple. Your own GP may, or may not, check this before it is posted back to the DWP. I know all this is very frustrating for your, I have been through it myself. It makes me angry to see how th sick and disabled are being treated in todays UK. Assume it will be OK until they tell you otherwise. You the have 1 month to get professional advice and make a decision so don't panic. It can be useful to write to your GP and let them know exactly (but briefly) how your condition affects you, as you may not get the chance to tell them in an occasional and brief 10 minute appointment. Keep it brief as they do not have the time any more to read lengthy letters. Focus on mobility and care problems. Maybe your GP may be able to let you see the report they have to fill in to give you some idea of the questions they are asked and you could consider how best to help your GP accurately answer those questions. Good luck. Crow.

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


Also, Crow, I asked my GP for a copy of my records to/from GP/DWP for the last assessment so that I could see if it could help with this assessment but she said it's too expensive for me and that it wouldn't help me in the least and neither would my medical notes from over the last 20 odd years. If medical notes don't help (according to my GP) why are we always advised to get them??? I could afford the £50 you mention.

Finally, does anyone think I should consider changing GPs? I've been with her for 17 years and she makes me feel like a 'pest', but i'm too scared to move on because she 'knows' me and my history. She also misdiagnosed my cancer (which I am now in remission thankfully). I went to her for 4 years and told her something was wrong but she said there couldn't be because I was too young. Eventually she sent me to hospital because I moaned and moaned and it turned out I had cancer!
And if I changed Gps is there a possibility that the grass may not be greener,and that this one could be worse!