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GP's records and Industrial Injuries disablement benefit records.

Peter12345
Peter12345 Member Posts: 55 Courageous
edited September 2020 in Benefits and financial support
Hello to anyone reading this and big thanks and healing  hugs in advance to anyone able to help.


Some 25 yrs ago I suffered an Industrial Injury at work.  As a result I haven't been able to work since.  
Within the first year of my injury I was diagnosed with Ankolosing Spondylitis. As result the Industrial Injuries Benefit I received was stopped as I was told it was hereditary and thus I'd of become progressively more poorly anyway..
Anyway,.... Wouldn't you know... After a recent MRI scan I have been informed that I haven't got Ankolosing Spondylitis and In fact never had it in the first place. 🤔. 
I am in the process of filling in a new Industrial Injuries disablement benefit form. 
I have phoned the The DWP and they've said it's unlikely any of the information of my original Industrial injuries disablement benefit will be on file as such along time ago ( 25 yrs since I claimed ). 
I am just hoping I my GP has records of me going it in the doctors ( circa 1994 ) and thus getting evidence to support my claim that way.. 
Does anyone know if the supporting letters that GP's write out for you are copied and kept in your notes ?. 








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Comments

  • Roddy
    Roddy Member Posts: 396 Pioneering
    Hello to anyone reading this and big thanks and healing  hugs in advance to anyone able to help.


    Some 25 yrs ago I suffered an Industrial Injury at work.  As a result I haven't been able to work since.  
    Within the first year of my injury I was diagnosed with Ankolosing Spondylitis. As result the Industrial Injuries Benefit I received was stopped as I was told it was hereditary and thus I'd of become progressively more poorly anyway..
    Anyway,.... Wouldn't you know... After a recent MRI scan I have been informed that I haven't got Ankolosing Spondylitis and In fact never had it in the first place. 🤔. 
    I am in the process of filling in a new Industrial Injuries disablement benefit form. 
    I have phoned the The DWP and they've said it's unlikely any of the information of my original Industrial injuries disablement benefit will be on file as such along time ago ( 25 yrs since I claimed ). 
    I am just hoping I my GP has records of me going it in the doctors ( circa 1994 ) and thus getting evidence to support my claim that way.. 
    Does anyone know if the supporting letters that GP's write out for you are copied and kept in your notes ?. 








    Hi @Peter12345

    The time lapse could be something which the DWP would turn down as being evidence today, however I strongly suggest that seek independent benefit advice. Also, if you haven't changed your GP since 1994 then he/she should still have all medical records on file. If not, then contact the GP that you had at that time. You may be able to make a Subject Access Request to your GP for copies of all of the records and information about you that they have on file.

    This link has a template letter which you can use:

    http://www.brand-newhomes.co.uk/subject-access-request-template-letter.htm
     
    The above is only what I would do if in your situation, and so other community members/advisors will be better placed to offer you more beneficial advice.  
  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    Dear Roddy,  thank you very much for responding to me and the advice given. 
    I have changed Dr's 3 times since I first had the accident 😂...  I'll just have to see if my current GP's surgery has anything . 

    I hope you are having a decent day. 

    Thank you once again. 

    Pete 
  • atlas46
    atlas46 Member Posts: 826 Pioneering
    Hi @Peter12345

    Just for your information, when you change GP, all records are passed to new GP.

    In your case you changed three times, all records will be held by your current GP.

    You can get copies of these records free of charge.

    Now the bad news.

    Industrial Injuries Benefits, are dealt with in the confines of the DWP, these medical records are not sent to your GP, as they are used for state benefits only.

    Due to lapse of time of 25 years, the DWP has a right to remove these files.

    The only glimmer of hope, if you received any payments direct into your bank account, for IIDB, check with your bank.

    I would also get some formal assessment by a Consultant, that confirms your long-standing injury, is related to the workplace.

    If you were off work for more than three days, it is a reportable incident, that your employer should have reported to HSE, check with your local office.

    Are there other employees that witnessed the accident, who are prepared to provide a statement.

    It’s a matter of keep digging, until you strike gold.

    Claims have been ongoing for many years, in say matters relating to asbestos, so stick with it.

    Keep us informed.

  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    Hi Atlas 46, 

    I have spoke to my former employers ( Met Council ), and have been told that all records of my employment have been destroyed.., I've also been told that  the accident book has been destroyed too.  ( they said they only keep them for 6 years ) I find that quite bad really... The line of work I was in was pretty dangerous at times and I had to put injuries in the accident book that  may easily  be contributing to some of the ailments I have now.. 
    I have spoken to IIDB and explained my situation and they have sent me a new claim form  . 
    Oh...  Ive changed banks at least 4 times since the accident.. Oh dear.**!!! 
    I will continue to fight this and will definitely keep you informed. 

  • pigeon55
    pigeon55 Member Posts: 116 Courageous
    I recently was involved in rta I had to orthorise for the insurance company to have my medical evidence from day one. They got all my evidence from me at the age of 6 up till now so it is possible. Good luck.
  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    Dear Atlas 46, 

    When I spoke direct to Industrial Injuries the lady I spoke to said that if there was anything on the form that I wasn't  sure about that I was to
    make it clear to write ' see previous form'  on the new form.   So I am hoping that maybe they will have some information..   
    I'm thinkinig as long I have GP records that I sustained Injuries on that particular day I had the injury then I will just put a new claim in. 



  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    Dear Pigeon55, 

    Thank you for writing to me and giving me and sharing your situation. 
    I really hope you get the compensation you deserve... And some too.. 

    Good luck and thanks again. 

  • Roddy
    Roddy Member Posts: 396 Pioneering
    edited March 2019
    Hi Atlas 46, 

    I have spoke to my former employers ( Met Council ), and have been told that all records of my employment have been destroyed.., I've also been told that  the accident book has been destroyed too.  ( they said they only keep them for 6 years ) I find that quite bad really... The line of work I was in was pretty dangerous at times and I had to put injuries in the accident book that  may easily  be contributing to some of the ailments I have now.. 
    I have spoken to IIDB and explained my situation and they have sent me a new claim form  . 
    Oh...  Ive changed banks at least 4 times since the accident.. Oh dear.**!!! 
    I will continue to fight this and will definitely keep you informed. 

    @Peter12345 Most organizations including solicitors and some accountants only keep records for 6 years before then destroying them. It's pretty much standard policy.  Your 1st GP should have sent your medical records to your 2nd GP and so on and so forth. I don't know about hospitals, but if Emergency Services were called that may be worth looking into. 

    Met Council would also have had a liability Insurance which they may have made contact with. This is another avenue worth considering. 
  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    Dear Atlas, Roddy and Pigeon,
    I had my medical for re claiming IIDB last week.
    The Dr who oversaw the medical had a lots of information ( I'd estimate 40 papers)  all these were from 25 years ago.  As you know I was worried that my paperwork had been destroyed.  But not the case.   I have rang and asked for copies of everthing the Dr had plus the notes he made.   I was told that to have  copied that the notes would have to go to a" special place, ", to be copied and that I might not be able to have all of them..     Anyway...   Mega thanks for the support. 
    I shall keep you updated.   Hope your all well. 







  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    I have open the brown dwp letter and unfortunately it says the will not pay me any IIDB.   Should anyone want to know why then please ask.  

     Hope anyone reading this is having a better day. 
  • poppy123456
    poppy123456 Member Posts: 24,662 Disability Gamechanger
    Hi,

    I'm sorry to hear that. If you disagree with the decision then you have 1 month from that date to request the Mandatory reconsideration then Tribunal if that fails.
  • Adrian_Scope
    Adrian_Scope Posts: 8,167

    Scope community team

    Hi @Peter12345, I don't believe we've 'met' before? I'm Adrian, one of the community officers here on Scope. 

    I'm very sorry your claim for IIDB was rejected. As Poppy says, if you disagree with their decision you can appeal it but there is a limited time frame for doing so. 
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  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    Hello to anyone reading this, 

    I just wanted to give an update on where I am at with my application for Industrial injuries disablement benefit. 

    I had asked the dwp if they had any documentation from my previous claim 
    ( 1996 to 1998 )...  I didn't expect them to have anything as it was nearly 25 yes ago. 

    Anyway...  A couple of weeks ago I heard a thud on my door mat.  It was a stack of paperwork from the late 90's..
       I had no idea they had so much stuff on me lol.
       It was everything...  All the Gp's supporting letters,  medical letters,  appeal letters..   Loads of interesting and very valuable info for me to try and get the benefit reinstated . 

    I am just waiting for an appeal date now. 

    I shall give an update as soon as have had the decision. 

  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,565 Disability Gamechanger
    Hi @Peter12345 and thank you for taking the time to update us! I hope you're not waiting too long for the appeal!
    Scope

  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    Cheers Chloe 👍,  I've got a chap from Perennial ( Perennial is a charity that helps people who work and once worked in horticulture..). this particular gentleman is kindly helping me with the paperwork and is coming to the appeal with me.  
    Once they write back informing me of exactly why they've decided not to reinstate my IIDB then I will give them all the reasons why they should. 
    It's frightening to see what the try to get away with..  


  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    Hello everyone, 

    I'm just following on from my previous message way back in August 2019.

    I have received confirmation that I will not be having a f2f appeal but an telephone appeal on 23/09/20.  
    I'm not sure how I'm going to come with that. 
    When i was unsuccessful in my maditary reconsideration for IIDB I took on the task going through all my appeal papers and I have what I think are a large number of mistakes/discrepancies etc that have been made.
    I had intended to go through everything with my representative. 
    Unfortunately he cant come to see me because of the way the world is now...
    It's very flustrating what I've found isn't something that can be discussed as well ove the phone. 
    Anyway...  Rant over.. 

    It goes without saying but I hope anyone reading this is having OK..  I you sincere wellness blessing. 

    Peter 

     

  • Tori_Scope
    Tori_Scope Posts: 6,575

    Scope community team

    Thank you for the update @peter12345. I'm sorry to hear of your frustration. 

    I know it's not the same, but would you feel comfortable talking to your representative over the phone? Or perhaps he'd be willing to do a video call with you, if that's something you'd prefer?

    Many of our members have felt uneasy about sorting out this kind of thing over the phone. My comment will bump this post back into the recent discussions, and I'll mark it as unanswered, so that hopefully one of your fellow members will be able to give you some advice and support :)
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  • janer1967
    janer1967 Member Posts: 12,740 Disability Gamechanger
    Hi @Peter12345 I am glad to hear you finally have a date for your hearing though it be a telephone one

    I know your isnt the same but the telephone tribunals have had a better success rate in recent times

    It may be worth having the phone tribunal or you will be waiting along tome till f2f hearings are taking place again

    They have started up again but only in a few locations and in extreme circumstances where a phone hearing isnt suitable

    Good luck and keep us updated on the outcome
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,565 Disability Gamechanger
    Hi @Peter12345, thank you for taking the time to update us. I'm sorry it won't be face to face though.
    Scope

  • Peter12345
    Peter12345 Member Posts: 55 Courageous
    Hi Chloe,  thank you so much for you recent message.. 
    I will indeed keep you up to speed with 2hat happens.. 
    I spoke at length to my rep /caseworker.. 
    He has wrote a submission and he believes that I have a decent argument..

    He believes that a revision is on the cards.   

    Always appreciate your support.. You are ace. 

Brightness

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