On Thu 01 May 2008 21:21:51, Robbie wrote:
> David wrote:
>>
>> I recently attended a medical exam for Incapacity Benefit.
>>
>> Before the exam, I asked to be sent a copy of the medical report
>> once it was written. I was told that I could see it by asking
>> the DWP once they had received it themselves.
>>
>> Was I advised correctly?
>>
>> I ask this because I thought there was a general rule about
>> medical notes which permits me to see any medical report before
>> it is sent to the indended recipient (and to add my comments if I
>> wish). Perhaps it only applies if I am the "patient"?
>
> The report you are referring to is part of case management for
> Incapacity benefit. It is written for the DWP by the EMP
> (examining medical practitioner) and not for the person claiming
> IB.
>
> You can see the report but that would be after it has been sent
> back to the DWP and actioned by the IB Decision Maker. You have no
> legal right to see it before it is sent back.
>
> The law you are thinking of is the Access To Medical Reports Act
> 1988 which is "An Act to establish a right of access by
> individuals to reports relating to themselves provided by medical
> practitioners for employment or insurance purposes and to make
> provision for related matters."
>
> http://www.opsi.gov.uk/acts/acts1988/ukpga_19880028_en_1
>
>
Hello Robbie, I am the OP. Thank you for the info about the "Access
To Medical Reports Act 1988" from which I see it is not relevant
here.
However, am I not entitled to see the medical report under the Data
Protection Act?
Suppose, for instance, the report gets written but for some
administrative reason takes 10 weeks to get to the DWP. Could I not
apply under the Data Protection Act to see this report and wouldn't
I get it sooner than 10 weeks? |