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TOPIC: ESA medical

Re:ESA medical 2 years 4 months ago #85541

I went to my GP today and while I was there, I asked for a sick note which Jobcentre plus said I would need while waiting for the appeal. I'm a little confused, I thought I would just need a normal sick note regarding my conditions, but the doctor I saw has told me that they have to write a specific type of sick note. He has cited chronic fibromyalgia, and said that should my appeal fail, that they will not be able to write another sick note using that condition. It has to state "requested by the esa as going through appeal process." I asked him for a supporting letter so that they had it along with my appeal, but he said I didn't need it until 2 weeks before the tribunal.
I realise you can't comment on specific cases, I'm just a bit confused.

Nikki
Last Edit: 2 years 4 months ago by Mrs Hurtyback.
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Re:ESA medical 2 years 4 months ago #85542

And a quick footnote, he also told me that I can't have meloxicam any more because long term useage will make my asthma worse. So if it's ok to post about this, that would be a good thing to mention if anyone has asthma and uses it for pain relief. Plus another side effect is the stomach problems it causes and that omeprazole is needed to counteract this. I didn't put any of this down because I didn't know about the correlation with asthma and it never occurred to me that omeprazole would be part of the side effects bit.

I hope it's ok to post this, if not, I fully understand if it doesn't appear on the board.

Nikki
Last Edit: 2 years 4 months ago by Mrs Hurtyback.
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Re:ESA medical 2 years 4 months ago #85548

  • Gordon
  • OFFLINE
  • Forum Moderator
Nikki.B wrote:
I went to my GP today and while I was there, I asked for a sick note which Jobcentre plus said I would need while waiting for the appeal. I'm a little confused, I thought I would just need a normal sick note regarding my conditions, but the doctor I saw has told me that they have to write a specific type of sick note. He has cited chronic fibromyalgia, and said that should my appeal fail, that they will not be able to write another sick note using that condition. It has to state "requested by the esa as going through appeal process." I asked him for a supporting letter so that they had it along with my appeal, but he said I didn't need it until 2 weeks before the tribunal.
I realise you can't comment on specific cases, I'm just a bit confused.

Nikki
I'm afraid your GP has been reading too much DWP literature recently.

The comment from the Fit Note derives from a letter that the DWP send your GP if you are found Fit for Work, telling them they should stop writing Fit Notes unless it is for an appeal.

These instructions are not binding on the GP, and if they believe in their professional opinion that you are not fit for work, they should provide you with a medical certificate.

There is no requirement for them to mark your Fit Notes as "being for the appeal process", and should your appeal fail, you are perfectly entitled to re-claim using the same condition and there is no reason why your GP should not issue Fit Notes on this basis.

Regarding their providing you a letter for the Tribunal, whilst technically correct, in as much as the latest you should consider submitting evidence to your appeal is two weeks before the hearing, there is no reason why you should not submit your evidence before this date, in fact there is good reason to do so, as it might (small liklihood but not zero), provoke a Reconsideration by the DWP.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:ESA medical 2 years 2 months ago #87555

Hi,
I just wanted to update you on my situation.

The ESA lost my appeal paperwork, even though it was sent recorded delivery. I finally got some money into my account 2 weeks ago, as JSA. My mortgage interest, gas, electric and water were all left unpaid.
Because I had received JSA I phoned the benefits advice line because I am the registered carer for my 10 year old daughter so I wanted to know how I was supposed to go to job interviews etc if I had no way of taking the job.
The outcome of this is, I should never have been on ESA, I should have been on IS since 2009!!!
Unbelievable, just completely unbelievable. All the stress of this has left me so much worse than I was before and it's all been for nothing.
I would like to thank you for all the help you've given me, without it, I wouldn't have had the courage of my convictions to keep on until I got results, I just couldn't have predicted it would be this!!

Thanks again,

Nikki
Last Edit: 2 years 2 months ago by Gordon.
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Re:ESA medical 2 years 2 months ago #87556

Good grief! Let's hope that you are now on the correct benefit and will be allowed to get on with your life in peace.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:ESA medical 2 years 2 months ago #87558

Thank you :0)

Now to fill in the DLA forms...

Nikki
Last Edit: 2 years 2 months ago by Mrs Hurtyback.
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