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PIP Appeal Tribunal consent to medical records

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7 years 2 months ago #206244 by Cornish Pasty
PIP Appeal Tribunal consent to medical records was created by Cornish Pasty
I got a letter from the PIP Appeal Tribunal asking for my consent to access all my medical records from 2 years ago to present date. It said this information will be sent to the DWP and all relevant parties, as part of the evidence 'bundle.' The reason they state they are doing this is because the ATOS Health Professional did not do a face to face interview.

The Consultant medical report submitted with the original PIP application already contains everything they need to know and confirms my illness and how it affects me.

I would like advice on what to do here. I'm sure all the medical notes from 2 years ago will help my claim, but it feels wrong and a massive invasion of privacy. I dont wish to give my consent for them to access that since I have numerous other very personal health complaints that I am not claiming benefits for.

Would there be any consequences for not allowing them access to my medical records? Could it cancel or negatively impact the Appeal?

I am in the process of getting additional medical letters of support from GP and Consultant. Surely this would suffice?

Any help would be really appreciated.

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7 years 2 months ago #206265 by Gordon
Fuzzy Wuzzy

First, let me say that this is not an unusual request.

Ultimately the Decision is yours whether to allow access to the information or not and your refusing should not result in any presumptions by the appeal panel.

However the request was made becuase the panel felt that they needed the information to help them make a Decision, so refusing is undoubtedly going to make their job more difficult and may mean that they are unable to make the award that you are hoping for,

Although you feel that the Consultant report provides all of the information they need, they obviously do not agree, remember PIP is awarded for the limitation that you have and not the conditions so does this Consultant report, as an example; explain the problems you would have preparing a simple meal?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Cornish Pasty

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7 years 2 months ago #206298 by Cornish Pasty
Replied by Cornish Pasty on topic PIP Appeal Tribunal consent to medical records
The Consultant report said my illness was severe and I would struggle with most activities of daily living. The consultant said I rely on support from a full time carer. The ATOS professional and decision makers, didn't read the report, or the information my carer gave, which said I struggled. For example, Consultant said I had difficulty with a particular activity, but ATOS person gave me 0 points.

I dont think my medical records would say anything about difficulties preparing a dinner, because no one has ever asked me.

I feel stuck. Was previously on DLA for years and am in ESA Support Group.

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7 years 2 months ago #206309 by Gordon
Fuzzy

Ultimately it's your Decision, it seems to me you are balancing what is in your medical records, which is protected by law from being disclosed and any the help they may provide to your appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Cornish Pasty

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7 years 2 months ago #206421 by Cornish Pasty
Replied by Cornish Pasty on topic PIP Appeal Tribunal consent to medical records
I think I may have come up with a compromise:

Do you think its a good idea to refuse the 2 year medical record request by the court and instead go to my GP surgery and request a copy of the records for myself? That way I can select the notes that are relevant to my case and present it as evidence at the Tribunal, in your experience and knowledge would this work?

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7 years 2 months ago #206463 by Gordon
Fuzzy Wuzzy

I would be extremely surprised if this would be acceptable to the panel and it also introduces the idea that there was information that you did not want them to see, possibly in connection with your claim, something they could not conclude by your simply refusing access due to Case Law.

However, you can still ask the question.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Cornish Pasty

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