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Medical Evidence When Onus on Claimant

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9 years 10 months ago #137273 by Augustus
Medical Evidence When Onus on Claimant was created by Augustus
Dear Panel

I am facing an ESA re-assessment soon and am worried because the helpful GP in my surgery has retired and the replacement in somewhat hostile.

It is an issue because I understand that there is more of an onus on claimants now to arrange and provide medical reports/letters with their claim and that Maximus is unlikely to write to GPs always.

My old doctor would sign off on a letter I had prepared for me detailing my conditions, medication and side effects, limitations on activities in line with ESA descriptors, and prognosis and the magic words about fitness for work and WRA.

I was told to do this after I saw a form ATOS had previously sent him. Even though I briefed the GP before, he filled it out in such a perfunctory way that it would have been easy for ATOS to ignore it. That is when I was told to take control.

Well I don't know how I can take control now. My new GP insists the assessors will write to him, and this man brooks no contradiction. Even if true, they might not write about all those being re-assessed.

So, to the point: can you suggest an online reference to the onus being on us, preferably written by a charity or such like? No offence to B&W but maybe, just maybe, my GP may view you as a campaigning organisation.

If he could just do what his retired colleague did, or compose his own words if he wants, that's all I ask. I know they are not obliged to write anything at my request, but if he could be convinced that I may otherwise be put at a disadvantage, he may cooperate.

I am really concerned about this and would be grateful for any ideas.

Thank you

A

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9 years 10 months ago #137295 by Gordon
Replied by Gordon on topic Medical Evidence When Onus on Claimant
Augustus

We don't have any statistics for Maximus, it is too early, but ATOS only wrote to the GP in about 25% of claims, more worryingly, only about 25% of GPs actually responded to these requests and in many cases there are answers fell into one of the following;

"no" "yes" "don't know"

So unless your GP has stated that they will actively support you may be wasting your time trying to get anything meaningful out of them.

Also, you should remember that they can only talk about things you have discussed with them or that they can reasonably extrapolate from your notes and conditions, so they may feel able to comment on how afar you can walk but not on whether you can cope with changes to your daily schedule.

There are several sites that have letters that you can send to your GP but I would be cautious using them when I last checked them a couple of months ago they did not actually reflect the current requirements for ESA.

I am told, I have not confirmed it, that if you write to your GP asking questions then are required to make a reply, so you could draw up your own letter, asking them to comment on the ESA Descriptors that you think you would score against and see what happens.

You can also request copies of your medical notes, see

Requesting your medical records

Charging for medical records

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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