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Fit Notes

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5 years 1 month ago #228089 by Colin R
Fit Notes was created by Colin R
I would be grateful for anyone’s help regarding the issuing of fit notes.

I am 61 years old and have been on ESA (Work-Related Activity Group) since 2013 and have 4 chronic conditions with other lesser ailments. I had a health assessment in June 2018, was deemed fit for work again (surprise, surprise) and placed on UC JSA. I appealed through the Mandatory Reconsideration and was put back on ESA but still using the UC system.

Recently my advisor told me that my work capability assessment is currently up for review and I needed to supply a fit note even though I have never needed one before. My GP says he is not sure if they require a Med 3 Certificate (for when someone is off work) or a letter detailing my conditions and an opinion on what work I would be capable of (cost £30). Explaining this on my UC journal the advisor wrote:
“All we need for the referral is an up-to date fit note (sick note).”
So, back to the GP who seemed unwilling to issue a certificate unless, with my permission, someone from the DWP contact him direct. Did this and the response was:
“There is no need for DWP to contact your GP regarding a fit note. Your GP should know what is required. You must get this yourself.”

So, here’s my dilemma. Do I?:
1. Ignore this and wait to get sanctioned and go through the appeal procedure.
2. Badger my GP to try and get this fit/sick note which, if I get, I’m sure will then be ongoing OR
3. State that I have never needed one before and, as I have a health assessment every year (due again in June), ask why it’s required.

As I’ve never been in this situation before, I would be very grateful for any advice as to the best way forward.

Many thanks, Colin R

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5 years 1 month ago #228110 by Gordon
Replied by Gordon on topic Fit Notes
Colin

YOur advisor is wrong as you have a Limited Capability for Work award you do not need to provide a Fit Note, your current award continues until a new Decision is made following a reassessment.

UC staff are badly trained and it is common for them to think that an LCW award is for a fixed term when it is not.

I can't see how you can be sanctioned in this situation but UC advisors are a law unto themselves, so it is possible that one could be applied even though there would be no legal basis for it. I would certainly push back on the requirement but in the end it might be easier to supply one.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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