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ESA, fit notes and permitted work
- dawnfrancis
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5 years 6 months ago #222781 by dawnfrancis
ESA, fit notes and permitted work was created by dawnfrancis
Hi again
I hope it's ok if I ask a further question related to fit notes.
I am acting as the representative for my sister who is appealing her ESA decision (we've already had the MR turned down). She's received a letter today saying she's entitled to ESA being reinstated at the assessment rate during the appeals process, but that she must send fit notes in.
However, we are unsure how this works as my sister has been doing permitted work under the ESA rules (and is continuing to do so during the appeal), and has not been required to send fit notes in up to this point (after her original WCA decision she was told she didn't need to). Yet the fit note says either fit for work or not - not fit for permitted work, so how does she get one in her case when there is no box for the GP to tick?
Many thanks
Dawn
I hope it's ok if I ask a further question related to fit notes.
I am acting as the representative for my sister who is appealing her ESA decision (we've already had the MR turned down). She's received a letter today saying she's entitled to ESA being reinstated at the assessment rate during the appeals process, but that she must send fit notes in.
However, we are unsure how this works as my sister has been doing permitted work under the ESA rules (and is continuing to do so during the appeal), and has not been required to send fit notes in up to this point (after her original WCA decision she was told she didn't need to). Yet the fit note says either fit for work or not - not fit for permitted work, so how does she get one in her case when there is no box for the GP to tick?
Many thanks
Dawn
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- Gordon
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5 years 6 months ago #222803 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA, fit notes and permitted work
Dawn
Fit Notes are not as black and white as you think they are, proving her GP is prepared to issue one in the first place then they can so with a limitation on the work they can do, for example; the number of hours.
If the GP is unwilling to issue a Fit Note, then there is nothing she can do and she won't be entitled to payment of the ESA Assessment rate while she waits for a hearing but would receive back payment of the missed money if an award is made.
Has she considered the possibility that the reason she failed her assessment was that she is doing the PW?
Gordon
Fit Notes are not as black and white as you think they are, proving her GP is prepared to issue one in the first place then they can so with a limitation on the work they can do, for example; the number of hours.
If the GP is unwilling to issue a Fit Note, then there is nothing she can do and she won't be entitled to payment of the ESA Assessment rate while she waits for a hearing but would receive back payment of the missed money if an award is made.
Has she considered the possibility that the reason she failed her assessment was that she is doing the PW?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: dawnfrancis
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- dawnfrancis
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5 years 5 months ago #223834 by dawnfrancis
Replied by dawnfrancis on topic ESA, fit notes and permitted work
Thank you very much Gordon. The DWP were pretty clueless when we asked about this, so we followed your advice and today my sister told me she's received a back payment of £1,200.
I am finding the advice and members guides on this site absolutely invaluable, appealing would be so much harder without it.
Thank you from us both
Dawn
I am finding the advice and members guides on this site absolutely invaluable, appealing would be so much harder without it.
Thank you from us both
Dawn
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- Gordon
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5 years 5 months ago #223846 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA, fit notes and permitted work
Dawn
Glad to hear they have received the money that they were owned.
Gordon
Glad to hear they have received the money that they were owned.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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