Oct 072013
 

As all of you will no doubt be aware, Black Triangle and our sister organisation Disabled People Against Cuts have assembled a first-class legal team to take forward legal action against Local Medical Committees and individual GPs who have launched a disgraceful ‘Just Say No’ to providing Further Medical Evidence Campaign.

This campaign seeks to persuade GPs to deny sick and/or disabled patients the Further Medical Evidence (FME) required to support their ESA applications and achieve justice before First-Tier Social Security Appeals Tribunals.

We have already identified a number of cases with “standing”.

Our law requires that the party, or parties bringing a case before the courts must demonstrate:

“sufficient interest in the matter to which the application relates”

i.e.

“an individual who is directly affected by a decision or other measure” who will on that basis have a “sufficient interest”.

In our case, this means anyone who has requested FME from their GP to support their case with the DWP and has been refused (Their refusal to provide FME is the matter to which our legal action relates).

We now invite as many of you as possible who have been refused FME under this policy to make contact with us immediately so we can progress our case further, in the most legally watertight manner achievable, without further delay.

Sick and/or disabled people deserve and have an absolute right to expect better than this from our medical professionals.

The LMCs ‘Just Say No’ Campaign is a a disgraceful betrayal of patients by LMCs from across Britain.

It is, quite frankly, mercenary behaviour that is both morally repugnant and, as we shall fully demonstrate, unlawful.

We are going to put a stop to it.

In the initial stage, please text John McArdle at 07778316875 with ‘Refused FME by my GP’ in the line. We will then phone you back to discuss your case and take it from there. Alternatively you can email us at mail@dpac.uk.net

Yours in solidarity

John McArdle

Co-Founder

Black Triangle Campaign

 

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 Posted by at 17:59

  4 Responses to “Legal Action: Has your GP refused to provide further medial evidence for your DWP appeal”

  1. With my GP the problem was both that the information sent was both incomprehensible factually incorrect and more importantly 6months late!

  2. My gp gave me a supporting letter when I applied for ESA,in 2012. But she’s refused to help with the appeal, instead giving me a standard refusal letter which claimed that it was ”inappropriate” even to ASK your GP for this kind of help!
    And it said GPs can’t be expected to comment on someone’s care needs. So what are fit notes,then?
    It’s bullshit.

  3. when i approached my go surgery for help in this matter i was told in no uncertain terms that the surgery does not write such letters.

  4. This is apposite; I have just had a third failed attempt to get my GP to write a letter for tribunal. The CAB has written to her with what she needs to put down, but instead mmy GP has taken it upon herself to send a whole load of largely irrelevant material to the CAB. They in turn have told me that, unsurprisingly, this is not what they asked.

    It seems there is an attitude of wilful ignorance here. I wouldn’t be surprised if this attitude was shared by other doctors. She says that it’s extra work to write such a letter. To be fair she also says that, becuase my issues are mental health and thereofre ‘invisible’, that she cannot verify them (I asked her to facilitate an appointment with someone who could, but that was…difficult).

    So it’s extra work to write what would be a couple of pages in support. Yet she’s happy printing out tons of peripheral and largely tangential case notes and letters not directly in support. It makes no sense. She obviously is happey to help to some degree though, or she wouldn’t even have done that.

    The BMA needs to step in, I think. I’m not unsympathetic to the plight of overworked doctors, but the people that lose out are those that really can’t afford to.

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