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Q: Still employed, fit notes, LCWRA

bluefox

My question is:

If you have been found to be LCWRA and I know the DWP told my doctor not to issue any fit notes anymore.

But I am still employed and because my company has strange HR decisions. I’m continually going through the same process of health meetings (which I know I’m lucky in some senses).

I have continued to issue my employer fit notes. Sometimes these are 2 weeks, 4 weeks or even 3 months. The latest ones have been 4 weeks and 6 weeks.

Does this mean my illness will last shorter or longer than expected and is it a change of circumstances?

I am slightly confused because I have been off for two years now and my doctors do mention recovery is my own decision in some senses. When I’m ready kind of thing because it’s mostly mental health I suffer with and my seizures are psychological apparently.

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Comments

poppy123456

The fit notes you send to your employer have nothing to do with your ESA or UC claim. You've already been found to have LCWRA and are in the Support Group for ESA. The fact that you're still employed has no bearing on your benefit claims because you're not earning any money.

bluefox said:

Does this mean my illness will last shorter or longer than expected and is it a change of circumstances?

No, it's not a change of circumstances. I'm confused why you think it maybe.

bluefox

poppy123456 said:

The fit notes you send to your employer have nothing to do with your ESA or UC claim. You've already been found to have LCWRA and are in the Support Group for ESA. The fact that you're still employed has no bearing on your benefit claims because you're not earning any money.

bluefox said:

Does this mean my illness will last shorter or longer than expected and is it a change of circumstances?

No, it's not a change of circumstances. I'm confused why you think it maybe.

I don’t know. Maybe it’s because I read somewhere about if your doctor thinks your illness will last longer or shorter etc.

My GP actually said it’s down to me when I decide to return to work, based on how I’m feeling and when I’m ready I guess.

poppy123456

You are really overthinking this.

bluefox

poppy123456 said:

You are really overthinking this.

I’m just finding it all confusing. Who ultimately decides if I’m fit for work? The DWP or the GP.

poppy123456

Definitely not your GP or anyone's GP. A DWP decision maker makes that decision and you're already in the Support Group/LCWRA. Which means a decision was made that you're not fit for work or work related activity.

bluefox

poppy123456 said:

Definitely not your GP or anyone's GP. A DWP decision maker makes that decision and you're already in the Support Group/LCWRA. Which means a decision was made that you're not fit for work or work related activity.

What if the DWP contacted my GP and my GP said we think he’s fit for work (they don’t btw but in that instance?)

And are you 100% sure with the support group you don’t have to tell them, for example: you develop chronic pain condition, or get told you have ADHD, suspected autism and so forth.

poppy123456

bluefox said:

What if the DWP contacted my GP and my GP said we think he’s fit for work (they don’t btw but in that instance?)

You are correct, they wouldn't say that. If a GP is contacted during a WCA review or a new claim they will be sent the ESA113 form, which is a simple tick box form. If your GP thought you were fit for work then they wouldn't have given you the fit notes to begin with.

bluefox said:

And are you 100% sure with the support group you don’t have to tell them, for example: you develop chronic pain condition, or get told you have ADHD, suspected autism and so forth.

We've already discussed that at great length on your previous threads, i see no reason to go through it all again. If i wasn't 100% certain i wouldn't have continued to advise you that there's nothing to report.

Again you're continuing to overthink this and there's nothing further to advise you on.

calcotti

bluefox said:
If you have been found to be LCWRA and I know the DWP told my doctor not to issue any fit notes anymore. .

DWP advise your GP that they don’t need any more Fit Notes in connection with your UC claim. That doesn’t prevent a doctor issuing a Fit Note for other purposes such as keeping your employer informed and is likely to be required by them.

There is a box on the UC50 which asks whether you agree to the DWP contacting your GP in this way. You don’t have to agree.