Welfare Benefits Advice
In the last edition of Focus (No 10 Winter 2002) we gave an update on Welfare Benefits information. We commented on the Benefits Agency request to GP’s for information. It would appear that the Benefits Agency Decision Maker decides whether or not to request further details from your GP and that in many cases they do not, relying instead on the report of the Independent Medical Assessor. We now have sight of the form DBD391 (GP) that the Benefits Agency use and reproduce for your information. You will see that in order for your GP to complete this (even if he/she was only ticking the boxes) they would need to know you and your condition really well for example: Front Page: Your personal details. Second Page: 3. Please indicate the category below which most accurately describes the patients usual walking ability before the onset of severe discomfort. 4. What difficulties does the patient experience when walking, in terms of discomfort, balance and gait?. Third Page 6. Are they able to safely administer any therapy or medication themselves, and if not please give reasons. Fourth Page: Please add any further details you think might help your patients claim.
I understand that, in certain circumstances, this report will be released to my patient, their legal representative and any authority deciding an appeal in relation to their entitlement to benefit. Signature, surgery stamp and date.
51. Further Evidence and Advice (i) A special fee payable to individual GP’s has been agreed whereby factual information based on a patient’s clinical records will be provided. The fee does not extend to the provision of an opinion and so, unless the information is already contained within the clinical records, the GP will not be in a position to provide it. It has to be understood that individual entries in a patients clinical record are relatively brief and will usually concentrate on diagnosis, clinical finings and treatment plan. The records will not really contain any meaningful information relating to care and mobility needs. In general therefore GP factual reports can provide useful information on the diagnosis and overall severity of a persons disabling condition. It will not usually be appropriate to ask specific questions about the help a patient requires unless there appears to be gross under or over representation of those in the claim pack. (ii) Where a person has a number of different conditions which are being investigated and treated by a variety of hospital departments, the GP’s records will be the place where all this information is co-ordinated. In these circumstances the GP may well be able to indicate the relative importance of the various conditions in terms of there effect on the patients day to day life. The point was argued at a recent tribunal - if this was true of GPFR’s then it was equally true of any other GP report, including Form DBD 391 (GP). The tribunal agreed, and also (off the record, I assume,) said that the questions were not what they wanted to know, anyway. Only a part of the submission, but it helped the case. The other sections of chapter 51 refer to other types of reports, including hospital consultant reports, and could also be useful. It would appear that they are pushing consultant reports, and could also be useful. It would appear that they are pushing for EMO reports as the best form of proof. We have often recommended you keep in regular contact with your GP, as much to keep him/her up to date with your particular needs. It would seem sound advice especially if you are seeking welfare benefits or are undergoing re-assessment. |