ESA during appeal.

My ESA appeal application has been accepted by HMCTS, but now, despite the WCA awarding zero points, and despite my GP saying I am not fit for work, the DWP want me to get 'fit notes' from my GP. Why would they accept 'fit notes' as evidence of not being fit for work if they don't accept a mountain of evidence??

My GP is sick of patients asking for help regarding benefits. He has written two letters recently. He is not an authority on ESA, and I have not been in a fit state to be clear what is needed. We have both done our best in the circumstances. The DWP has not contacted him and asked him to reply to particular questions, but they criticised his writing for not addressing these questions. They treat what he has written as nothing. He is not used to that.

They want me to pester him for fit notes for particular periods of time, past and future. He, understandably, wants to spend his time actually treating patients.

a) How do I get my benefit restarted at assessment level? The DWP has already indicated that they will reject letters from my GP, no matter what they say, because they are not 'fit notes'.

I cannot bother my GP any more. He sees it as obvious that I should be on ESA, on the basis of my history. The information in the letters is more detailed than fit notes. I feels as if, no matter what the DWP have in the way of genuine evidence, they will say it isn't what is required or it doesn't count, and they'll wriggle out of helping people.

This process is making it hard to see my GP about anything. He is sure the decision will be overturned at Appeal. He thinks that my fears are after the HCP Assessment are paranoia, although I have never been assessed by a mental health professional as having paranoia. He doesn't understand what is happening in the DWP, and thinks normal standards of human decency apply. But the HCP report is surely likely to colour what happens with the Appeal.

I can show the steps the HCP has taken, and how they are inconsistant within the report, and they go very much against what I have written and what a mental health professional has written.

The HCP assessment and report are extremely flawed, and I understand that the local Appeal judges don't want to hear anything about these flaws, but this means that the DM decision is based on things that are not true. There are even things which lead me to doubt whether the HCP really was a qualified nurse.

So I need to show where I think I should have points. But I have already tried to show this. I have listed symptoms. I have given many examples of how they affect my functioning. I have used a point scheme and related my functioning to that.

I feel hopeless and confused beause the DWP, the law, the ESA50, and the headings in HCP report are all different, so my efforts are unfocussed.

b) Is the appeal based on the law, or on the DWP tests for points? Is it at the level of "Can you press a button?" or is it based on the law itself? eg Q13 on starting/ completing tasks is incredibly varied in all its incarnations. Is it possible to get any points for that in practice, at the appeal?

c) Have they changed the 'risk' criteria in the last year or two to exclude even more people with mental health diagnoses?

I am too tired to try to make this more concise. What I need most is to focus my efforts fruitfully, and to have a rest. Most of the ESA50 form appears to be irrelevant to the points system. I feel I have covered practically everything, but got nowhere. I'm afraid I may not function very well at the Appeal Tribunal, in one way or another, because of my mental health problems. If the Tribunal believe the HCP over all the other evidence... I should say I was in the Support Group (contribution based), and I have no other source of income.

Hi Apricot,

I'm afraid the only way you will be paid ESA assessment rate is to submit fitnotes. Your GP can make these for as long as he wants, so you would not need to keep 'pestering' him.

I wish the DWP had written this at some point, such as when they sent the DM Decision! I only found out by chance.
I've been told by different DWP staff that (i) it will start again automatically and I don't have to do anything, and that (ii) I couldn't do anything until DWP hears from HMCTS, and that (iii( I am not entitled to anything, and now (iv) this... last. I haven't known what to believe from the DWP as there seems to be no consistency. My GP is angry about spending any time on things to do with benefits. He already feels pestered. He hardly knows me apart from this, and this makes it hard for me to go back to him at all.
All this has got in the way of doing something about physical health problems, and the HCP noted that I had not had the tests that I would have had if all this hadn't got in the way. It is a choice between help with health and having an income at all.

apricot wrote: I wish the DWP had written this at some point, such as when they sent the DM Decision! I only found out by chance.
I've been told by different DWP staff that (i) it will start again automatically and I don't have to do anything, and that (ii) I couldn't do anything until DWP hears from HMCTS, and that (iii( I am not entitled to anything, and now (iv) this... last. I haven't known what to believe from the DWP as there seems to be no consistency. My GP is angry about spending any time on things to do with benefits. He already feels pestered. He hardly knows me apart from this, and this makes it hard for me to go back to him at all.
All this has got in the way of doing something about physical health problems, and the HCP noted that I had not had the tests that I would have had if all this hadn't got in the way. It is a choice between help with health and having an income at all.

Hi a,

Ideally, you need your G.P. to provide Fit Notes backdated to the time of the original fit for work decision.

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