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Confused re: ESA at assessment rate pending appeal
- Gordon
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6 years 2 months ago #205796 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Confused re: ESA at assessment rate pending appeal
JustAde
Issuing a Fit Note or not has nothing to do with the DWP, the rules are set by the NHS!
However the issue is moot, the GP will either issue one or not.
The issue of whether ESA is paid or not is more likely to depend on the ESA payments system than anything else, as it will only issue payment if there is a valid Fit Note covering the payment period, as a friend found out last year when a data entry error meant that no Note was recorded for his upcoming payment and it was not processed.
Gordon
Issuing a Fit Note or not has nothing to do with the DWP, the rules are set by the NHS!
However the issue is moot, the GP will either issue one or not.
The issue of whether ESA is paid or not is more likely to depend on the ESA payments system than anything else, as it will only issue payment if there is a valid Fit Note covering the payment period, as a friend found out last year when a data entry error meant that no Note was recorded for his upcoming payment and it was not processed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Justintime
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6 years 2 months ago #205965 by Justintime
Replied by Justintime on topic Confused re: ESA at assessment rate pending appeal
Gordon
The DWP provide a guidance leaflet for GP's on using fit notes through the gov.uk website. And that guide is one of the first things to come up during a google search so it's an easy mistake to make to think that they set the rules on it.
JSA is such a hassle to claim for the unwell and the ESA situation isn't clear (though your replies have helped) so I wonder if it's worth including the full details of how to claim assessment rate, in a future draft of the guides. I know there is already guidance there but it doesn't include important details such as perhaps going to see your GP as soon as you get the cancellation notice because then he will be able to backdate a fit note to that date.
Luckily, I saw my GP during this period but it was purely health-related not strategic and I still had a bit of a battle to get the fit-note and I needed to because my JSA didn't start straight after cancellation so there was a bit of money to be back-claimed.
Anyway, I might be in danger of making things even more complicated so I'll leave this subject alone for now.
The DWP provide a guidance leaflet for GP's on using fit notes through the gov.uk website. And that guide is one of the first things to come up during a google search so it's an easy mistake to make to think that they set the rules on it.
JSA is such a hassle to claim for the unwell and the ESA situation isn't clear (though your replies have helped) so I wonder if it's worth including the full details of how to claim assessment rate, in a future draft of the guides. I know there is already guidance there but it doesn't include important details such as perhaps going to see your GP as soon as you get the cancellation notice because then he will be able to backdate a fit note to that date.
Luckily, I saw my GP during this period but it was purely health-related not strategic and I still had a bit of a battle to get the fit-note and I needed to because my JSA didn't start straight after cancellation so there was a bit of money to be back-claimed.
Anyway, I might be in danger of making things even more complicated so I'll leave this subject alone for now.
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