Has anyone asked to see a copy of the... - Fibromyalgia Acti...

Fibromyalgia Action UK

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Has anyone asked to see a copy of the letter sent by GP to DWP?

14 Replies
14 Replies

I suppose the most logical answer would be to ask your GP if you could see a copy of the letter they are sending about you. As you are allowed to see your medical records at any time, I can't see why a Doctor would object to this. I couldn't find any information to the contrary.

If members have been able to see the letters from their Doctors, hopefully that will shed more light on the issue Reflections. :)

floozy profile image
floozy

i always ask for a copy of all letters sent by or to my gp and usually people are very helpful

Tupney profile image
Tupney

I went to my GP and asked for a copy, They did not like it and wanted to know why I wanted a copy, to which I simply replied, I had to pay 75 quid for it. They soon got the Surgery manager to come and speak to me where I made the same request, and duly waited whilst she printed me a copy.

rosehip profile image
rosehip

my gp let me see what she wrote , shes a brill x

NordicNavajo profile image
NordicNavajo

My GP (or who the practice manager had authorised as such) had not seem me since August 2011 after hospital admission when in December 2011 he filled in a DLA form from the DWP. Even though he had not seen me for 4 months he saw fit to tell the DWP that "in his opinion I was not elligible forDLA" after being refused DLA for the first time in January 2012 having applied in September when I was unable to get out of bed having 24 hour care (or what I could get) I found this very odd and instinctively knew that someone had done me wrong in their reporting. I rang the GP who HAD been seeing me to ask for a copy of the letter. As she searched the files she was calming me down commenting that a GP was not allowed to comment on care needs just on medical facts. When she reached the letter in records whilst I waited on the phone there was a short numb silence. She then said wait a minute I think you need to go to the CAB for advice! She then said I have the letter and have to ask the GP who wrote it for his permission to give you a copy. To which I replied as it is my right to access my medical records which this now forms part of please tell him that I will take the legal route if denied a copy. I shortly after was able to send my carer to collect the letter. The first thing I did was go to CAB in a frightened sstate as I knew I had a battle with the people who I am relying on as "keys" to any possible treatment (drugs etc). The CAB said please think about making a complaint about GP as she could see how sick I was and how immobile. I said I would think about it. I returned to see the same advisor 2 months later having prepared for the fight and having received my appeal rejection and waiting tribunal date. The CAB were unable to allow me the same person and the persson I saw placed fear in my heart about GP complaints so I left having only been dealing with tribunal preperations. I now know I have to wait for the tribunal records (was June 23 and still waiting) and then find legal help to attack their decision on a matter of LAW as this is the only option left to me now. If I can get that GP statement overturned the whole tribunal case may have to be re heard (without me) as they kept on harping back to THAT GP letter despite having a current one to try and override its damage.

You are entitled to a copy of that letter. They can only refuse medical information or records kept by authorities on you if there is a cause for the safety of yourself or someone else. This would normally only be relevant in the casse of such records as social care ie social workers records and even then they have to have a bloody good reason to refuse information.

If they will not allow you a copy then contact your local health authority complaints and compliments. Thee Southern NHS trust complaints is called PALS and you will find one for your area on the web.

Find out whether they are behaving correctly and supporting you.

I hope they have commented correctly.

In either case the DWP if making decisions about you will refer to where their evidence comes from and you are also entitled to a copy of what you have been judged on.

Good luck and positive thoughts NN :)

Thank you for your responses - I normally request copies of anything relating to my health. I will ask for a copy of the letter sent to the DLA then in due course, and it will be interesting to know what has been written. It is remarkable to me that some medical professionals get it so wrong - whenever I receive a letter and there are points I disagree with I send a letter to them and get the letter scanned onto my record. I find this all very stressful actually, as it's so important that any medical evidence is accurate, and better for them to write a standard letter than get it wrong, or perceive things incorrectly, or minimize a condition, making assumptions etc. I am sorry you have had to suffer so much stress NN due to incompetency - I wish you all the very best with your forthcoming tribunal.x

boxter profile image
boxter

I applied for DLA in March,they wrote to my GP and Consultant At Rheumy for more info.Then they sent the Atos Doc to my home he was very nice to talk to but he didn't examine me he asked me to grip his fingers,and then to lie on the sofa and lift my legs up,which i cannot do and he could see that.Two weeks later i got the letter to tell me i was not allowed DLA.I rang the DWP and asked them to send me copies of the Medical Reports she said it would take about 14 days.Two days later i receive a lettter from them telling me they were looking at my claim again ! i didn't ask for that i asked for the reports ! I took them to my GP who was furious that the atos doc had ticked all the wrong boxes and on a few things he contradicted himself.I told my Gp he never examined me so could not see the muscle wasting in my legs he stated on the report there was no muscle wasting.My Gp is a lovely man who has been treating our family for 23 years he has wrote a great letter to be sent to them as they phoned me and asked if i could give them anymore info,he was shocked that they refused me DLA with all the problems that i have.He said the atos doc's report was utter rubbish.Also a very good friend has also wrote a letter stating how badly i am affected by this cruel illness.All this info is ready to post on monday please wish me luck with this.They did say it could take 11 weeks before i hear anything from them :) :)

Carol X

in reply to boxter

I am glad you have good support from a trusted GP. How anger provoking is that for him to see the report from the ATOS doctor! Does it not show yet again how devious the medics are within the benefits system.

I sincerely wish you best of luck and success with your claim. x

boxter profile image
boxter in reply to

Thank you, :)

I photo copied the reports and took them into the surgery,My GP just sat shaking his head and when he finished he said what utter rubbish.He has wrote me a fantastic letter to send to the DLA,he said we will get there i just hope he is right.

Carol X

hamble99b profile image
hamble99b

the CAB told me that the DLA would send them copies of the gp letters as well as my claim pack and all else used to make the decision.. have you joined the benefits and work

community? I believe the booklet pdf is available from the fibroaction admin, this helps with dla claim info.good luck

regards, sandra

in reply to hamble99b

I've asked fibroaction for the dla info. which was really helpful for me to fill in the form. I'm beginning to wish I'd never filled it in as it feels so daunting. x

boxter profile image
boxter in reply to

The info from Fibroaction is a great help when filling those dreaded forms in.I also look on the work and benefits site they also have great advice.I agree it does feel daunting,i am not the most patient person but hey i will sit this out to the bitter end :)

Carol X

boxter profile image
boxter in reply to hamble99b

Hi Sandra,yes i have joined the work and benefits site.Their info is pretty much the same as fibraction.I did pay £10 for some info and the same info is free on here.

I will let you all know how i get on,if i am awarded DLA everyone will hear me squealing with delight :)

Carol X

kraftyk8 profile image
kraftyk8

Hi reflections,

If you ask your GP nicely I am sure he will give you a copy of the letter, most GP's are very obliging.

However, they are not necessarily obliged to give it to you, or let you read it, or any of your other medical records, at all.

Under the Access to Health Records Act 1990, you have the right to REQUEST access to your medical records. This information falls within the realms of the Data Controller and under the Data Protection Act 1998.

Every Health Organization should have a Data Controller, including your surgery so if the GP refuses, make a written request to the Data Controller at the surgery. It is their responsibility to deal with your request and to reply to you within a maximum of 40 days. Depending on what you are asking for, they are entitled to charge fees from £10 to £50. The page at this link has a template for a written request.

ico.gov.uk/for_the_public/p...

If you don't want to ask the GP there is another way, as at any time you can access to your all or part of medical records, the Information Commissioner is who you would need to write to at the address given in the link below. They will also charge the same fees as above that vary depending on whether the records are recorded electronically, paper or xray film and can be anywhere between £10 and £50.

ico.gov.uk/Global/contact_u...

I hope that clarifies how you can get any of the medical information you may want

happy hugs, kate :)

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