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"Confidential" or "In Confidence". Vs whom.

  • ThisGovernmentsGoneToFar
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6 years 4 months ago #203337 by ThisGovernmentsGoneToFar
"Confidential" or "In Confidence". Vs whom. was created by ThisGovernmentsGoneToFar
Hi Gordon I wonder if you can clarify this? As I'm a little dense in understanding this.
My ESA50 might be coming very soon..

"Confidential" or "In Confidence". Vs whom it may concern, I have medical paperwork stating these words below, I need clarification on this please.

Private and confidential
To whom it may concern.

Looking through this ESA guide surrounding this above on any medidal letters that they can't be past on to a CM or DM at the DWP? Could you confirm this or should I get reports just stating To whom it may concern.

This below is the bit I find confusing below. It mentions nothing about To whole it may concern?

From the WCA handbook.
4.2.4 Confidential Information Confidential Information relates to any document received in respect of a claim and marked "Confidential" or "In Confidence". Such a document cannot be used in the consideration of a case, and if one is encountered you should take the same measures as described for Embarrassing Information. A claimant may attempt to give you information which they do not wish to have recorded on the report; that is they wish certain facts to be treated "In Confidence". It should be explained that such information cannot be taken into account as it cannot be made available to the Decision Maker. A claimant may present a letter or medical report for you to read. You should accept that the claimant is the "owner" of the document and that the permission of the author for its use has been obtained.

I was formely known as (GoingOffMyHeadWithThisGovernment) Won PIP November 2017 ongoing award HR both. Now kept and got my ESA Support group but took a while.

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6 years 4 months ago #203360 by Gordon
Replied by Gordon on topic "Confidential" or "In Confidence". Vs whom.
Battle

I admit the advice is confusing and contradictory but the last paragraph does seem to distinguish between letters and reports written by a GP or Consultant and more general documents and I would expect the former to be accepted as evidence where the latter may not.

My best advice is to include a covering letter marked in this way stating that have ownership of the document and that you give permission for it to be used as evidence in your claim.

To deal with any issue of it not being sent to the DWP, send it/them directly to the DWP office dealing with your claim with a similar covering letter.

Gordon

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

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