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ESA Appeal

carol16carol16 Posts: 10Member Listener
Hi i am waiting for a date for appeal for esa my local cab are helping me get paperwork together for my case. I have various health conditions such as TIA's one being only a month ago Anxiety and depression rheumatism diabetes and ashtma.

Last time i saw my cab advisor he told me my gp only put 2 of my health problems down on the form for my benefit assesment  ( diabetes and ashtma) and if they had put all my health problems down i would most probably been kept on esa.I saw my gp today to ask how this could have happened when she knew fully what my health problems were she told me she got a receptionist to fill out my form and they go by whats on the computer apparently that was all that was on the system.

 I asked her if she would write a letter for my appeal which I would pay for she told me she cant as the general medical council have said gp's shouldent be writing letters of support. Can someone please give me some advise on what to do..this has made my anxiety and depression much worse due to the stress I feel like i have been badly let down due to incompetence of the surgery

Replies

  • carol16carol16 Posts: 10Member Listener
  • GeoarkGeoark Posts: 1,141Community champion Pioneering

    Hi @carol16

    Online access to your medical records is free. Speak to your surgery receptionist if they use one of the patient access services. You will need to request access and information is sent to your email address on how to access your files.

    Alternatively you can ask to view your records for free, for a copy of your records, £10 if digital or up to £50 if paper or part paper/computerised.

    Once you know what is and is not on your records you will be in a position to do something about the situation.

    If you have been treated for any of the other conditions at a hospital, or other health provider - physio, counselling, osteopathy approach them directly to ask for evidence.

    Doctors are required to keep records for a minimum of 10 years and for hospitals and others it should be 6 years.

    Once you have the information needed then ask for a copy of the practice's complaint procedure.

    Unfortunately this will probably not help with your appeal, but it is important your medical records are accurate. If you can get quick access and find evidence for treatment for these other conditions which would not be used  for diabetes and asthma you may be able to use this to demonstrate that your medical records are not complete at the appeal. I have no idea how effective this may be though.

    As an individual I stood alone.
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  • Sam_ScopeSam_Scope Posts: 7,647Administrator Scope community team
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,677Member Pioneering
    Hi carol16,

    GPs can and do write letters of support, but not all will. I'm not sure about the General Medical Council, but some Local Medical Committees (part of the doctors' union, the British Medical Association) have told GPs not to write letters. 

    I would second the advice to ask to see your medical records and to complain about them if they are incomplete. Any evidence which shows they are incomplete can be submitted to the tribunal.  If on the other hand you do find evidence for the other conditions, this can be submitted too. 

    Also, as Geoark says, if you were treated at a hospital, ask if there is evidence of your in-patient stay or out patient appointments. Any letters at all that you received about your condition may be relevant. If you have had TIAs then you would expect there to be a record. And obviously, if your GP hasn't got those incidents on their records then you should be complaining as this is a serious lapse!

    As the CAB may have told you, your own evidence (for example, a diary of events in your life and the incidence of problems you have) can be relevant, even though medical evidence is preferable. What you say about your own conditions is relevant.

    Will 
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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