- Posts: 51284
Medical Certificates for ESA Appeal
- ewhite
- Topic Author
Went to my GP this morning to get an updated medical certificate as requested by DWP as I await an appeal for ESA.
Was shocked to be told by my GP that the government has told all GP's they are not to issue any further sick notes when people are appealing!
Has any one else come across this?
I am totally at a loss as what to do. GP has issued one for 2 weeks and told me to contact the DWP.
Any advice would be most welcome, thank you
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- Gordon
- Offline
ewhite wrote: Hi new to the forum but have had a lot of useful information from this site already.
Went to my GP this morning to get an updated medical certificate as requested by DWP as I await an appeal for ESA.
Was shocked to be told by my GP that the government has told all GP's they are not to issue any further sick notes when people are appealing!
Has any one else come across this?
I am totally at a loss as what to do. GP has issued one for 2 weeks and told me to contact the DWP.
Any advice would be most welcome, thank you
As far as I am aware there has been no change to the guidance to GPs in regard to the issuing of Fit Notes when a claimant is appealing. Where a Fit for Work Decision is made the DWP do write to the GP saying that they do not need to issue Fit Notes except when the claimant is appealing.
I can only suggest you make another appointment with your GP and ask to see the guidance they are referring to.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ewhite
- Topic Author
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- Gordon
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- Posts: 51284
ewhite wrote: Many thanks for replying I will visit my GP tomorrow.
If you feel up to it, please let us know what happens, sometimes the first we hear of a change to DWP procedure is from a member, although I so not think that this is the case here.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ewhite
- Topic Author
To cut a long story short I got another sick note for 4 weeks today the GP's surgery admitted to the welfare benefits officer that they haven't received anything to say sick notes shouldn't be issued. My partner and I haven't received any replies to our letters.
It has been a very worrying and stressful time, thank you for your advice I am sure it helped
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- bro58
ewhite wrote: Sorry for not updating before now but I have only got this sorted today. I have been helped by my local welfare benefits advice center. They contacted my GP by email, my partner and I wrote to the GP as well asking for all letters to be copied to my notes, and as you advised fro a copy of the infromation the GP was quoting
To cut a long story short I got another sick note for 4 weeks today the GP's surgery admitted to the welfare benefits officer that they haven't received anything to say sick notes shouldn't be issued. My partner and I haven't received any replies to our letters.
It has been a very worrying and stressful time, thank you for your advice I am sure it helped
Good news ew,
It is also confirmed in this doc at the bottom of page 4 :
"Your patient may need Med 3s if they are appealing a benefit decision and want to claim Employment Support Allowance until their appeal is heard. As always you should only issue a Med 3 if the patient has a health condition which impacts on their fitness for work. If you choose not to issue a Med 3 your patient will in most cases be able to claim Jobseeker’s Allowance during the appeal. If the appeal is unsuccessful, you should only issue further Med 3s if their condition worsens significantly or they have a new medical condition."
www.dwp.gov.uk/docs/gp-benefit-guide.pdf
It should also say at the bottom of the quoted text, (But it doesn't) "or, if six months or more has passed since the time of the original adverse decision"
The link for the doc above is on page 14 of this document :
www.gov.uk/government/uploads/system/upl...ote-gps-guidance.pdf
See also :
Q."Do I have to provide a further medical statement to a patient who has been advised by Jobcentre Plus that they are not entitled to Incapacity Benefit or Employment and Support Allowance?
A.If your patient appeals against the decision you may issue further medical statements until the appeal is held if you feel that it is medically appropriate. Medical evidence is required to support benefit claims at all times unless the Work Capability Assessment threshold is met. This requirement does not change while a patient is appealing. If you consider that your patient is fit for work and you do not issue a Med 3, Jobcentre Plus will advise your patient of the alternative options open to them. This may include claiming Jobseeker’s Allowance until the appeal outcome, if the specific qualifying conditions are met."
From : www.dwp.gov.uk/healthcare-professional/f...tly-asked-questions/
bro58
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