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help with obtaining evidence
- Kilmunlady
- Topic Author
11 years 1 week ago - 10 years 3 months ago #103086 by Kilmunlady
help with obtaining evidence was created by Kilmunlady
Hi
Friend migrated from IB into esa WRAG. Long term kidney bowel and stomach pr0blems, Given ill health retirement on renal problems. Attended renal unit for 10 years but they could not find reason or diagnosis for pain or identify any treatment, Now in position to try and get into support group due to chronic multiple conditions which would make it impossible to attend work related activity group interviews, Appealed on grounds of regulation 35 2 b. Problem is GP says their policy is not to give evidence to DWP unless requested by them. Renal consultant retired, His successor provided letter stating kidney problem not resolved. GP said he had already provided info to DWP. What can you do when you cant get evidence and NHs hospital and GP wont or cant help. On appeal letter asked DWP to write to GP. Appeal papers ESA50a no copy of any GP info. Very difficult to proceed. Any advice welcome.
Friend migrated from IB into esa WRAG. Long term kidney bowel and stomach pr0blems, Given ill health retirement on renal problems. Attended renal unit for 10 years but they could not find reason or diagnosis for pain or identify any treatment, Now in position to try and get into support group due to chronic multiple conditions which would make it impossible to attend work related activity group interviews, Appealed on grounds of regulation 35 2 b. Problem is GP says their policy is not to give evidence to DWP unless requested by them. Renal consultant retired, His successor provided letter stating kidney problem not resolved. GP said he had already provided info to DWP. What can you do when you cant get evidence and NHs hospital and GP wont or cant help. On appeal letter asked DWP to write to GP. Appeal papers ESA50a no copy of any GP info. Very difficult to proceed. Any advice welcome.
Last edit: 10 years 3 months ago by .
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11 years 1 week ago - 11 years 1 week ago #103090 by
Hi K,
Unfortunately more and more G.P.'s are taking this stance.
Other options could include making a Subject Access Request to the reception of of your G.P. practice, for copies of the G.P. records.
The G.P. practice can not refuse this, but their will be a charge.
These G.P. records should include letters from hospital consultants, medical test reports etc.
You could also contact PALS at the Hospital where your friend has attended, and ask them to help you obtain copies of any reports and documentation that they may have.
Again, there will be a charge.
See :
Requesting Your Medical Recordsl
For the future, a patient can request verbally that any post clinic letters that a consultant may send to the patient's G.P. are also copied to the patient.
You should also remember that letters of support from friends, family and carers who know how the claimant's limitations affect them on a day to day basis, can also be submitted.
bro58
Replied by on topic help with obtaining evidence
Kilmunlady wrote: Hi
Friend migrated from IB into esa WRAG. Long term kidney bowel and stomach pr0blems, Given ill health retirement on renal problems. Attended renal unit for 10 years but they could not find reason or diagnosis for pain or identify any treatment, Now in position to try and get into support group due to chronic multiple conditions which would make it impossible to attend work related activity group interviews, Appealed on grounds of regulation 35 2 b. Problem is GP says their policy is not to give evidence to DWP unless requested by them. Renal consultant retired, His successor provided letter stating kidney problem not resolved. GP said he had already provided info to DWP. What can you do when you cant get evidence and NHs hospital and GP wont or cant help. On appeal letter asked DWP to write to GP. Appeal papers ESA50a no copy of any GP info. Very difficult to proceed. Any advice welcome.
Hi K,
Unfortunately more and more G.P.'s are taking this stance.
Other options could include making a Subject Access Request to the reception of of your G.P. practice, for copies of the G.P. records.
The G.P. practice can not refuse this, but their will be a charge.
These G.P. records should include letters from hospital consultants, medical test reports etc.
You could also contact PALS at the Hospital where your friend has attended, and ask them to help you obtain copies of any reports and documentation that they may have.
Again, there will be a charge.
See :
Requesting Your Medical Recordsl
For the future, a patient can request verbally that any post clinic letters that a consultant may send to the patient's G.P. are also copied to the patient.
You should also remember that letters of support from friends, family and carers who know how the claimant's limitations affect them on a day to day basis, can also be submitted.
bro58
Last edit: 11 years 1 week ago by .
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- Kilmunlady
- Topic Author
10 years 3 months ago - 10 years 3 months ago #116573 by Kilmunlady
Replied by Kilmunlady on topic help with obtaining evidence
Hi
Further to my earlier post friend attended tribunal recently trying to move from WRAG to Support Group under regulation 35 2 b. He has various chronic illnesses including a kidney syndrome for which no cure or treatment could be found by renal consultant. The tribunal focused only on his mental health condition and deemed this not serious enough for him to not attended Work focused interviews. I don't understand this as his appeal was clearly based on the chronic physical conditions especially the kidney one which the tribunal did not seem to take any account of, am I correct in thinking that regulation 35 involves physical or mental conditions not a requirement to meet both physical and mental. Can we take this any further.
Thank you.
Further to my earlier post friend attended tribunal recently trying to move from WRAG to Support Group under regulation 35 2 b. He has various chronic illnesses including a kidney syndrome for which no cure or treatment could be found by renal consultant. The tribunal focused only on his mental health condition and deemed this not serious enough for him to not attended Work focused interviews. I don't understand this as his appeal was clearly based on the chronic physical conditions especially the kidney one which the tribunal did not seem to take any account of, am I correct in thinking that regulation 35 involves physical or mental conditions not a requirement to meet both physical and mental. Can we take this any further.
Thank you.
Last edit: 10 years 3 months ago by Gordon.
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10 years 3 months ago - 10 years 3 months ago #116574 by
Replied by on topic help with obtaining evidence
Hi Kl,
I have merged your post with the previous associated topic for continuity.
It seems that Gordon is in the process of responding, so I will leave it to him.
bro58
I have merged your post with the previous associated topic for continuity.
It seems that Gordon is in the process of responding, so I will leave it to him.
bro58
Last edit: 10 years 3 months ago by .
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- Gordon
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10 years 3 months ago #116579 by Gordon
The full text of Regulation 35(2), the (b) should not really be included, is
As you can see the requirement is "some specific disease or bodily or mental disablement".
If the panel failed to adequately review the evidence in regard to a "specific disease" or "bodily disablement" then this could well be an Error of Law.
What is an Error of Law?
Your first action is to request a written Statement of Reasons
Tribunals – Requesting a Statement of Reasons
This should explain how they came to their Decision, if the kidney problems were ignored, you can then make an Appeal to the Upper Tribunal to have the Decision Set Aside and for a new hearing to be heard.
It is important to understand that if the panel did review the kidney problem and decided that it was not relevant to 35(2) then you are unlikely to have a case unless you can also show that this was not reasonable.
Have a look at the following for more information about appealing to the UT
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
I would also recommend that you get face to face advice from a trained advisor with experience of UT appeals. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic help with obtaining evidence
Kilmunlady wrote: Hi
Further to my earlier post friend attended tribunal recently trying to move from WRAG to Support Group under regulation 35 2 b. He has various chronic illnesses including a kidney syndrome for which no cure or treatment could be found by renal consultant. The tribunal focused only on his mental health condition and deemed this not serious enough for him to not attended Work focused interviews. I don't understand this as his appeal was clearly based on the chronic physical conditions especially the kidney one which the tribunal did not seem to take any account of, am I correct in thinking that regulation 35 involves physical or mental conditions not a requirement to meet both physical and mental. Can we take this any further.
Thank you.
The full text of Regulation 35(2), the (b) should not really be included, is
(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—
(a) the claimant suffers from some specific disease or bodily or mental disablement; and
(b) by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.
As you can see the requirement is "some specific disease or bodily or mental disablement".
If the panel failed to adequately review the evidence in regard to a "specific disease" or "bodily disablement" then this could well be an Error of Law.
What is an Error of Law?
Your first action is to request a written Statement of Reasons
Tribunals – Requesting a Statement of Reasons
This should explain how they came to their Decision, if the kidney problems were ignored, you can then make an Appeal to the Upper Tribunal to have the Decision Set Aside and for a new hearing to be heard.
It is important to understand that if the panel did review the kidney problem and decided that it was not relevant to 35(2) then you are unlikely to have a case unless you can also show that this was not reasonable.
Have a look at the following for more information about appealing to the UT
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
I would also recommend that you get face to face advice from a trained advisor with experience of UT appeals. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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