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Decision Maker contacting GP

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8 years 6 months ago #176355 by Cj
Decision Maker contacting GP was created by Cj
On my behalf my brother spoke to DWP about why they had not asked doctor for further info for Mandatory Reconsideration. They said not legally they are not allowed to do so.! A few hours later my friend reminded me the of the fact that esa50 form asks for GP details and authority to contact.plus a paragraph of their information says they may contact doctor etc if necessary.
??????grounds for complaint.?

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8 years 6 months ago #176409 by Gordon
Replied by Gordon on topic Decision Maker contacting GP

Cj wrote: On my behalf my brother spoke to DWP about why they had not asked doctor for further info for Mandatory Reconsideration. They said not legally they are not allowed to do so.! A few hours later my friend reminded me the of the fact that esa50 form asks for GP details and authority to contact.plus a paragraph of their information says they may contact doctor etc if necessary.
??????grounds for complaint.?


I'm afraid not, there is no legal requirement for the assessor or the DWP to contact an person that you name on the form to gather additional medical evidence. If a Decision is made then the DWP will not contact his GP during the MR, they are not required to seek additional evidence.

Gordon

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

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8 years 6 months ago #176452 by Cj
Replied by Cj on topic Decision Maker contacting GP
Thanks. I was more concerned that they did not make it clear it was down to us to get doctors letter etc, and saying on the phone that even if they wanted to ,legally they could not do so,
I have written pointing this out. Now have stress of instigating appeal

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8 years 6 months ago #176510 by TheHud
Replied by TheHud on topic Decision Maker contacting GP
They did contact our sons GP. Previously he has not required a F2F. The GP did not return the report in time and when they did, after the date needed they filled the meds in wrong, said he could travel by public transport and put nothing else down. When this was pointed out to the GP, not is own GP, they sent the form again, by now over a month after the event and still got it wrong on meds and conditions and still did not add anything to any other spaces in the report. Very bad show, incompetent, uncaring and downright stupid as they contradicted their own letter sent with a request for a home visit.

Moral of the story is, GPs could not give a flying so maybe that is partly why the DWP/ATOS/MAXIMUS/CAPITA do not request info from GPs.
Always check what they have written even if you have very limited time to sort things out. Our son lost his mobility due to this mess up.
The following user(s) said Thank You: Cj

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