How to obtain Medical Evidence
For every claim be it ESA or PIP you WILL need medical evidence of your problems.
So every time you see a professional at hospital ask for a copy of any letter they send to your GP to be sent to you as well. You are within your rights to request this, and the doctor will agree..
For any claim they will only accept evidence going back a maximum 2 yrs. If you’ve not had any appointments recently you can still obtain these letters by asking your GP’s secretary to print them off from your records.
You can use any letter with a diagnosis, treatment plan etc. You will also need a copy of your repeat prescription detailing any medications you take, that is up to date.
You can ask your GP to write a letter for you to support your claim but as we are finding many believe that if needed the DWP will request it, It even states on the PIP form that they will contact GP if more information is needed.
However, we know that they don’t do this so the onus IS ON YOU to provide Evidence.. Many GP’s feel they shouldn’t write supporting letters, but with the evidence of hospital consultants letters, you will have evidence of your conditions.
If your GP is happy to write a letter for you they can charge anything up to £50 so be prepared, whereas copies of hospital consultants letters will generally be provided for much less. If you have had MRI Scans, CT Scans, or any other you can request copies of these results as well..
If your GP doesn’t want to give you the copies you can call the hospital and request to speak to the consultants secretary and they will often send them out to you.. Also useful can be letters of support from CPN’s, Counsellor’s, Pain Clinics etc.
In fact anyone who knows how you are affected day to day.. The More evidence you have the better your chances of a successful claim.. GOOD LUCK..
Template letter for GP
As a GP you may be at times inundated with requests for letters to support appeals.
This is a draft letter which you could amend in order to promptly assist your patient who is requesting supportive information for the purposes of a tribunal appeal for Employment Support Allowance (ESA/PIP).
At the recent National BMA Conference a motion was passed calling for the WCA to be scrapped with immediate effect
The WCA involves the administration of a battery of questions contained in the LIMA computer programme that comprehensively fails to adequately and accurately assess a patient’s ‘fitness for work’/Disability.
The operation of the assessment system has been universally condemned for failing to take into account the disproportionate medical, social and other barriers that sick and disabled people face in the job market as a direct result of their disabilities.
The recent GMC publication of Good Medical Practice 2012 states clearly that a Doctor must (overriding duty or principle) “take prompt action if you think that patient safety is or may be seriously compromised by inadequate premises, equipment or other resources, policies or systems.”
This draft letter seek to address some of the failings in the WCA by, when appropriate, invoking exceptional circumstances ESA regulations 29 and 35, whereby an adverse decision may pose a substantial risk to the claimant
I hope you find this helpful.
Dr Stephen M Carty MBChB DRCOG MRCGP
General Practitioner and Medical Adviser, Black Triangle Campaign
Get your GP to complete and fill in the Gaps..
To whom it may concern,
I am this patient’s General Medical Practitioner and the custodian of the primary medical records they have accumulated during their lifetime in the UK.
Following a recent Work Capability Assessment this patient, in contradiction of my own knowledge of the patient over time, clinical assessment and medical certification, ...your name....was found fit for work or was placed in the WRAG (work related activity group)
The patient’s Past Medical History and current problems include:
Although this person has been deemed “fit for work” I am of the opinion that exceptional circumstances Regulation 29 may apply.
Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work. (Regulation 29)
Or with regard to the WRAG group decision that regulation 35 may apply:
Because of your physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity. (Regulation 35)
I am of this opinion because:
I disagree with the outcome of your assessment and support my patient in their appeal against your decision.
©A1 ESA/DLA/PIP Benefits Help and Support (UK only)