In UK laws if a DWP doctor underscores a medical assesment on purpose have I

[Natalie Cd]

got a case? They say because I cannot give them my doctors diagnosis then I have no claim against the DWP doctor.

Would I therefore have a case against the NHS for not giving me a specific name for the condition I am complaining of given the fact this has gone on for a few years ie, could or should they have conducted deeper tests quicker.

Thanks in advance to sensible answers.....
In my opinion this underscore was a direct result of the governments new guidance to remove people from incapacity benifit.

my doctor has now sent me to a hospital department who state i do not need surgery, they in turn sent me to physio who have just said the pain is due to my neck and lower back muscles closing down.

Im not a benifit cheat im just in agony and i am having to prove to much myself its just not fare now my incapasity benifit has been stopped. ps i have worked as an elderly care assistant and gone back a few time trying to work but the pain is just to much and my streangth is somewhere otherthan with me....
I have osteopenia that has been confirmed but that does not cause pain I agree however the next step is ostyoperosis which i think is whats causing the pain but my doctor says im to young to get ostyoperosis but I have read case younger than me suffering from the condition so he hasent sent me for those tests. i am 32 but small framed and do only look about 17 ostyoperosis does also affect small framed people like myself.
Thanks everyone all advice is welcomed, I have my friend typing as even the keyboard starts my neck off im so hurting.

[Bardic]

As already said, the assessing doctor has nothing to gain or lose from what you score. He is employed to assess you and put in a report to the DWP, and that's what he'll do. He's not there to diagnose your condition but assess what you can and cannot do.

[Richard Little]

Dont think your giving us the full facts herebut if you want good advice go to the C.A.B.

[MISS B.ITCH]

Why would they do it on purpose?

There are very few problems out there that have no name.

Maybe your doctor just cannot find anything wrong with you?

As already answered, any doctors or consultants opinions are sought before your assessment. The assesing Dr has nothing to gain from underscoring you - they are not on some kind of target bonus.

If your own doctor thought you had something serious, tests would have been performed earlier on.

I can sense that you think everyone is against you but I'm sure that's not the case. The DWP need to cut down on people claiming Incapacity Benefit therefore if you are fit for work (even if it is not your normal job) then it is there job to say so.

Good luck

[sherie j]

Your doctor must have written something on your sicknotes! When you are called in for medical with the DWP they usually contact your Doctor too. Someone must know the name of condition/s.

Appeal against the decision.!

[romanirose]

This is a difficult question to answer - primarily because you don't say why you can't give the DWP your Doctors' diagnosis.

Has he actually made a concrete diagnosis or is he diagnosing? Either of these could lead to the response you mention - as the DWP are sticklers for "doting the i's and crossing the t's" , so to speak.

When you say "underscores" - do you mean as a finality to diagnosis? His diagnosis may be finalised but you do have a right of appeal - and i know of cases where this has occurred and persons have won.

The point to raise on having a specific named condition may be simply that with the little information the DWP Doctor has on your symptoms he is unable to name a condition - your symptoms may be covered by a number of illnesses or you have not enough symptoms by which to name any illness.

My advice is this - return to your Doctor for a proper diagnosis and if this not forthcoming, seek a second opinion which you are well within your rights to do so.
Once you have a concrete diagnosis from a General Practitioner you will find it easier to get a diagnosis from the DWP Doctor. But first - appeal against the decision of the DWP Doctor.
This is because the appeal process can take up to 6 months or more. Then see your Doctor and/or get a second opinion to get a diagnosis. This diagnosis you can then take to the appeal as proof of your condition.