Getting medical evidence - resources 

 

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Sample letter to your doctor (or other appropriate expert) asking if they will provide a medical report

your name and address

date

Dear Dr .......

Re. .......... [your name]

I am taking a disability discrimination claim to the employment tribunal. As part of my case, I need a medical report.

The purpose of the report is to gather medical evidence which the tribunal will use when deciding whether I am a disabled person for the purposes of the Disability Discrimination Act 1995.

Please could you answer the following questions:

1.      Would you be prepared to provide a medical report for the employment tribunal?

(I enclose a draft letter of instruction - this shows the type of information your report would need to cover).

2.      How much would you charge for your report?

3.      When could you have your report ready for?

The employment tribunal prefers that both parties (that is, me and the employer) in the case agree on which expert provides the medical report.

If you are prepared to provide a medical report, it will help me and the employer reach agreement if you could also answer the following questions:

4.      What are your qualifications for and experience of preparing a report?

5.      Do you have any previous experience of preparing reports for disability discrimination cases?

I hope to hear from you as soon as possible. Please feel free to telephone me (............. put your mobile or daytime telephone number) if you would like to discuss this further.

Yours sincerely,

your name and signature

Remember to enclose the 'letter of instruction' with this letter


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Sample 'Letter of instruction' to (medical) expert asking them to give their view on whether you count as a disabled person for the purposes of the DDA

 

your address

date

doctor name

doctor address

date

Dear Dr ...........................

Re. your name

your date of birth

I am taking a claim for disability discrimination to the employment tribunal. I am asking for a medical report to assist the tribunal in deciding whether I am a disabled person for the purposes of the Disability Discrimination Act (DDA).

Below, I explain the specific issues I need your report to address.

Please do not be put off by the length of this letter. You will find that the questions asked are quite straightforward.

Your report does not have to be overly long or complex, but it will be used in a tribunal and it is important that it covers the correct issues.

In order to count as a disabled person for the purposes of the DDA, I need to show that:

  • I have (or had) a physical or mental impairment
  • which has (or had) a substantial adverse effect
  • on my ability to carry out day to day activities in certain categories
  • and that the effects of my condition have lasted at least 12 months or are likely to last at least 12 months or are recurring over a period of more than 12 months

Please could you give separate, numbered answers in response to each of the following questions.

1.      What is the nature of the impairment that ........ [your name] has?

(notes: the answer to this should include the name of condition; the nature of the symptoms experienced; whether the impairment is linked to another condition; whether the condition causes pain or fatigue and any other relevant medical diagnostic information.)

2.      How does .................. [your name] cope with his/her impairment?

(notes: the answer to this should include any prescribed medication, or other medical type treatment such as counselling, acupuncture; as well as modification of behaviour, for example, avoiding lifting weights or stressful situations etc.)

3.      If ................ [your name] did not have treatment or other coping strategies as outlined in question (2), what is, or would be the effect on his/her day to day activities in any of the following categories?

Please be as specific as possible, for instance: 'she experiences significant difficulty reading a newspaper' or 'her ability to walk more than 200 metres is affected.' There is no need to address each category, only the ones where an effect is identified.

The notes below each category are not exhaustive and only for guidance.

1.      mobility

(includes ability to walk, stand, use public transport, leave the house, travelling in a car)

2.      ability to lift, carry or move everyday objects

(includes objects of moderate weight)

3.      dexterity

(the ability to use hands and fingers with precision)

4.      memory, or ability to concentrate, learn and understand

(includes ability to do a task over a period of time or on a regular basis)

5.      perception of the risk of physical danger

(including whether a person is inclined to neglect basic functions such as eating, drinking, sleeping; reckless behaviour, or excessive avoidance behaviour without good cause.)

6.      speech, hearing or eyesight

7.      continence

8.      physical Co-ordination

(includes 'composite' activities such as walking and using hands at the same time.)

 

4.      Are the effects outlined above, separately, or when taken together, more than minor or trivial?

5.      Have the effects as outlined above lasted for 12 months, OR are they likely to last for 12 months, OR have they recurred over 12 months, OR are they likely to recur over 12 months?

('Likely' in this case means 'more likely than not'.)

6.      Is there any other information that you consider relevant?

7.      In your view, has ......................... [your name] sustained any psychological damage or injury resulting from events around his/her treatment at work?

If so, what is the effect of such damage?

Please be aware that your over-riding duty in providing this report is to the employment tribunal and not to the parties.

Please let me know in advance what your fee will be for this report?

Yours sincerely,

your name and signature


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Your witness statement: describing the effects of your disability

 Below, we give some examples of how to describe the 'substantial, adverse effect' your disability has on your ability to do everyday activities.

Obviously, you must only use examples that are relevant to you.

We cannot give every example here but these statements should help you start thinking about how your disability affects you.

What counts here is saying what you cannot do (not what you can do). Remember, explain how your disability affects or would affect you without treatment or coping strategies.

  • I cannot pour liquid from one container to another (or can only do so very slowly)
  • I cannot place food into my mouth with a fork/spoon (or can only do so very slowly with unusual concentration or with help)
  • I have frequent loss of bowel control
  • I lose control of my bladder while asleep
  • I have minor incontinence
  • I cannot pick up objects of moderate weight (for example, a kettle with water in it) with one hand
  • I cannot hear and understand another person speaking clearly over the telephone
  • I cannot recognise someone I know across a moderately sized room
  • I cannot read ordinary newsprint
  • I sometimes have loss of consciousness and associated confused behaviour
  • I am unable to write a cheque without help
  • I cannot read or understand a bus/rail timetable
  • I cannot visit new places without help because I am unable to follow directions or road signs
  • I am unable to cross a road safely
  • I cannot tell by touch that an object is very hot or cold
  • I am unable to sit/stand/travel by car, bus, train etc (delete as appropriate) for more than 10 minutes because of the severe pain and discomfort I experience
  • I cannot walk on a flat surface for more than ....... (give the distance eg. 200 yards) without resting
  • I cannot use stairs or steps

 


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Sample letter asking the tribunal to make an order that a medical report is needed to decide whether you count as a disabled person

your address

date

date

Dear Sir or Madam,

................ (your name) v ..................... (the employer's name)

............................. case reference number

I am the claimant in the above case. The respondent (the employer) disputes that I am disabled person for the purposes of the Disability Discrimination Act.

It is likely that medical evidence will be needed to decide the issue of disability. I believe an expert report is necessary for a full and fair hearing of the claim and will help the tribunal.

My financial circumstances make it difficult for me to pay for a medical report and I will have to ask the employment tribunal service (ETS) for help towards the cost of a report.

I am writing to ask that the tribunal makes an order requiring the production of a medical report addressing the question of disability.

I would also ask that the tribunal holds a pre-hearing review to decide the issue of disability. Dates I cannot attend a hearing are ................... (insert dates).

Please note, it is likely to take at least five weeks from the date of a tribunal order to receive the expert report.

Yours faithfully

your name and signature


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Sample letter to the employment tribunal service asking them for help towards the cost of a medical report

your address

date

Dear Sir/Madam,

............... [your name] v ...................... [the employer's name]

................ [case number reference number]

I enclose a copy of the directions order made in this case [enclose a copy of the tribunal order or direction].

As you will see, the employment tribunal has ordered the production of a medical report. This is necessary to decide the issue of disability in my claim under the Disability Discrimination Act 1995.

I am writing to ask for help with the cost of this report. I have been told that the report is likely to cost ...... [if your expert has told you how much the report will cost, include this information here] .

My financial circumstances make it difficult for me to commission a report without funding and I would be grateful for an early reply.

Please note that the deadline set by the tribunal for production of this evidence is ....................... [date].

If you need to discuss this further, please contact me at the above address or on ............................ [give your daytime telephone number].

Yours faithfully

[your name and signature]

Address your letter to the employment tribunal service (ETS) and post it to the tribunal office where your claim is being heard.

 


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