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Can I redact medical evidence?
- alisp
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4 years 6 months ago #238197 by alisp
Carer for a long-term ME/CFS sufferer
Can I redact medical evidence? was created by alisp
The PIP tribunal has asked my caree to submit all her medical notes since her last ESA(?) assessment. There will be a lot of them, some of which have nothing whatsoever to do with the PIP application, and some of which are a bit embarrassing for her. Would it be possible to black out irrelevant conditions entirely, or is the panel likely to think she's hiding something? Alternatively, could I leave the condition in but redact the details? Thus:
"Consulted re [Embarrassing condition no. 1] [redact redact redact ...]
My caree is very nervous about how many people might end up being able to see her irrelevant sensitive personal details, so much so that she's seriously considering not submitting the medical records at all. Obviously this isn't a good idea if she wants to win her appeal ...
"Consulted re [Embarrassing condition no. 1] [redact redact redact ...]
My caree is very nervous about how many people might end up being able to see her irrelevant sensitive personal details, so much so that she's seriously considering not submitting the medical records at all. Obviously this isn't a good idea if she wants to win her appeal ...
Carer for a long-term ME/CFS sufferer
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- BIS
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4 years 6 months ago #238201 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Can I redact medical evidence?
Hi Alsip
Your career should be able to redact whatever she wants. Just add an explanation of why it has been done. The panel can then make their own view.
BIS
Your career should be able to redact whatever she wants. Just add an explanation of why it has been done. The panel can then make their own view.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- alisp
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4 years 6 months ago #238209 by alisp
Carer for a long-term ME/CFS sufferer
Replied by alisp on topic Can I redact medical evidence?
Thank you, BIS. Would you know what would happen to the medical evidence once the appeal's over? Can people e.g. at the DWP or elsewhere get access to it? Does it get shredded (fat chance, I should think)? Copied elsewhere?
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- Gordon
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4 years 6 months ago #238213 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Can I redact medical evidence?
alisp
I don't know what the Tribunal Service policy is although I can see no reason why the panel members would retain the information, the TS will retain the information in case the claimant makes an appeal to the Upper Tier Tribunal.
The DWP will retain the information on file, it will be destroyed under the Data Retention Policy, certainly after 13 months, maybe earlier.
Access to the information, as any claimant information does, will require authorisation.
Gordon
I don't know what the Tribunal Service policy is although I can see no reason why the panel members would retain the information, the TS will retain the information in case the claimant makes an appeal to the Upper Tier Tribunal.
The DWP will retain the information on file, it will be destroyed under the Data Retention Policy, certainly after 13 months, maybe earlier.
Access to the information, as any claimant information does, will require authorisation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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