GP does not want to do report with ESA form?

I was expecting my ESA50 form to arrive, it did this afternoon.

I was with my doctor this morning and explained I was waiting for the form to arrive any day. I am currency on IB. He told me, if he filled in forms for everyone on request then he just would not be able to see patients at all. He did word it in a polite way.

He said to submit my ESA50 form and if they turned me down then he would immediately issue a Fit Note saying I was unfit for work. When they then sent out the Appeal Form he would fill that in with his report. He did say there will be ups and downs and try not to worry. He had recorded I have been to see him today and I am unfit for any work on their system.

The ESA50 says on it to submit reports with the form!!!! I no longer have a psychiatrist, as she told me there was nothing they could really do for me. My problems have been going on for too long and no doubt they have a very long waiting list for National Health patients to attend. She refused to do a report anyway(this was in July), saying my doctor would have to do it.

Is it really bad if I cannot send in a report with the ESA50 form?

You are not the first person to send in the ESA50 without a GP report - and I am sure you will not be the last!

I didn't send a report with the ESA either - I only got that after I lodged an appeal (on behalf of son) and at that stage the DWP still kept son in Wrag (when he should have been in the Support Group) - it was only then that I asked Dr to do me a report to support our appeal - which she did - I paid £30 for it but not all GP's charge. Yesterday we won our appeal at the Tribunal and son is now in the Support Group.

As Issie says, some GPs will do reports free, some will charge and others (like mine) won't do them at all.

Delilah255 wrote:

I was expecting my ESA50 form to arrive, it did this afternoon.

I was with my doctor this morning and explained I was waiting for the form to arrive any day. I am currency on IB. He told me, if he filled in forms for everyone on request then he just would not be able to see patients at all. He did word it in a polite way.

He said to submit my ESA50 form and if they turned me down then he would immediately issue a Fit Note saying I was unfit for work. When they then sent out the Appeal Form he would fill that in with his report. He did say there will be ups and downs and try not to worry. He had recorded I have been to see him today and I am unfit for any work on their system.

The ESA50 says on it to submit reports with the form!!!! I no longer have a psychiatrist, as she told me there was nothing they could really do for me. My problems have been going on for too long and no doubt they have a very long waiting list for National Health patients to attend. She refused to do a report anyway(this was in July), saying my doctor would have to do it.

Is it really bad if I cannot send in a report with the ESA50 form?

See this reply I submitted in the Benefits News section:-

In relation to the last paragraph where the Secretary of State undertakes a supersession of an existing award of benefit particularly with IB and ESA, with one exception, the burden of proof lies with the DWP to demonstrate that a claimant is no longer entitled to benefit. Claimants are invariably misguided in assuming that the burden of proof lies with them to demonstrate that they are still entitled to benefit, which is a common theme within the benefits forum. This is NOT the case.

If the DWP simply rely on a medical assessment report (ESA85/85A) without recourse to the totality of the (medical) evidence that is available, the S of S will have failed to discharge the burden of proof to show that an award falls for supersession, which forms the basis of an argument especially where the case may proceed to an appeal. There is also a further misconception that an appeal tribunal will invariably adjourn an appeal hearing to allow the DWP to obtain the requisite evidence. This is wrong. A tribunal is not at liberty to adjourn a hearing in order for the S of S to be given another opportunity to make out a case and prove a supersession of an existing award is permissible. The tribunal should proceed and make a decision on the appeal to show that the DWP has fully discharged the burden of proof on the evidence before them. If not, the decision should fall in favour of the appellant.

What this means in effect is that where the DWP initiate a supersession of an existing award, it places a requirement upon the authority seeking the supersession and NOT on the claimant, although if a claimant can obtain (medical) evidence, that is all well and good.

Ask Atos/the DWP to obtain whatever evidence is required from your GP on form ESA50, which he/she must provide as part of his/her contractual duties. Failure to do so following a request from a claimant could very well indicate that the DWP have failed to discharge the burden of proof, rendering the supersession defective if there is an adverse outcome decision.