A Query about supporting evidence

Hi Waxwing,
To be blunt DWP can and do make assumptions about things that they shouldn't and they will add 2 +2 and make five!
However, there are 2 important issues here.
Firstly, presumably your consultant's letter confirms your disability so this will help support your claim, so without this confirmation the claim may be a bit vague.
The comment about requesting a letter for PIP is factual. There was a legal case a while back where either claimant or his representative had written to the doctor saying eg ' Food prep. X has arthritic hands and struggles to peel and chop vegetables. Due to back pain cannot stand at a cooker. Taking nutrition, X has problems with swallowing and therefore has to have food chopped small and needs supervision to avoid choking...' all the relevant descriptors were commented upon in the same manner. The doctor was then asked to confirm the listed disabilities. The doctor wrote back, copying the answers and adding 'yes' alongside the relevant comments. Needless to say DWP argued at tribunal that the letter proved nothing as the doctor had nt contributed anything original to what the claimant had said.
The judge held that whilst this may be so, the doctor was an educated man with a free will, he didn't have to agree with any or all of the comments. He had done, which could be taken to show that he did accept the comments made. Hence legally there should be no reason why your brother's doctor can't write a PIP letter 'as requested.'
As in the case I have cited, he doesn't have to write the letter, nor agree with anything you have said. Moreover there is an argument (which is something to leave until MR or appeal tribunal if later required) if the doctor is aware he is making a report for PIP then presumably he is applying his knowledge of the claimant's condition to see if it matches any or all descriptors. It may therefore be a more pertinent and useful report as a result!
Let DWP read too much into the comment, if they choose to, but don't let that mere possibility affect the quality of the PIP claim by not sending in the report.
I hope thishelps.
Good luck!
LL26

Hi Waxwing

What I generally do for people wanting letters from any medical professionals - is write the letter in its entirety and then hand it to the medical professional asking them if they could write a similar letter based on what is written. I or the patient explains that we know they are very busy and hoped to save them time. What normally happens is the medical professional asks for the letter to be emailed and they just sign it and hand it back! Now you may not feel confident to do that, but your idea of some sort of a template is a good one - but avoid doing what you have already said is getting them to comment on things they can't possibly know. I don't generally mention the specific PIP criteria directly, but I do get them to expand on the medical difficulties, pain, distress, lack of mobility, medication, prognosis, safety and reliability and then when filling in the form I would reference that letter to all appropriate questions.

Eg Miss Brown is unable to prepare herself a meal because of severe arthritis in her fingers. She has poor manual dexterity and cannot grip any object without dropping it and suffers from extreme pain as mentioned by Dr X her GP. (See letter from Dr X 20/04/22 - additional page 1).

I would use the letter and any others I had over and over again - so they cannot forget that there is supporting evidence. Some people just hope the DWP or the assessors will read the evidence and they might, but it doesn't necessarily click why it is appropriate to the PIP criteria. I try to minimise any chance for them to deny a claimant has a problem.

BIS