Employment and Support Allowance (ESA)
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Doctor not issuing a sick certificate because ESA says I'm fit for work

tinabing56tinabing56 Member Posts: 2 Listener
Hi I'm going through the process  of a tribunal hearing everything is going as i was told. But when I went to the doctor  for a sick certificate  he refused telling me he can't as the letter from the ESA says im fit for work even though i explained that i had phoned them and was told i could get the basic rate  he wouldn't listen to me ive never seen him before and he hadn't gone over my records to see what problems i surferd with the answer i got was that was then this is now and your fit for work. Even though I'm in a great deal of pain in my left knee and im wait for a replacement knee joint  every step is so painful  he just didn't want to hear it. I was given an appointment for the next day with a different doctor. This one still repeated the same as the day before but carried on to say that the law changed 10yrs ago saying that doctors can't over the department of work and pensions  giving out sick notes when they had said you are fit for work. I find this strange as my problems started 5years ago and ive never had this problem before its just them. I was give a certificate say I'm fit for work but only limited things i can do.  I've sent it off to the ESA but ive heard nothing . I've had no money since February the 1st I cant sign on to JSA as i cant walk far  to under take the things you have to do to get any money. I'm at my wits end and panicking not knowing what to do 


Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Helo tinabing and welcome

    Thank you for joining us
    Sorry to say but your GP's are giving you b*** s***. They are the medical professionals not the DWP

    Do you have any assisstance with your tribunal ?

    What stage are you at with it ?

    Have you thought about claiming PIP ?

    IF not, have a look at the B&W self test to see if you might qualify

     http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    If this is something that you feel you could claim  please come back with questions about that or anything else and we will try and help

    CR

    Be all you can be, make  every day count. Namaste
  • tinabing56tinabing56 Member Posts: 2 Listener
    Hi my appeal is registerd with the tribunal service  i received the papers about why the ESA say I'm fit for work. I'm now waiting to hear from the CAB who are helping me with my case. I've just phone the benefits centre  and the informed me that they haven't received my sick note yet it takes 9working days and that's next Monday she has made a note that they must phone me once they Recive it. I explained what the doctors had said and she said i should of signed on for universal credit as ive had no money since 1st February. I do get PIP ive a car and only have £200 every 4 wks so it don't go far just a few bills that all. So yet again ive to wait till next week  and see what happens. Mean while my overdraft is getting less and less ive had to cancel a lot of my DD and only the essential ones are being payed.
  • tommtomm Member Posts: 231 Pioneering
    edited April 2018
    This is because the DWP send GP's an advice letter, Which says that as you were found FFW at the FARCE (WCA) they no longer need to issue furttherfit notes, Unless you of course are appealing that decision , Quite why the DWP even bother to waste the paper and postage telling GP's this , doesn't add up, unless you are cynical they only do this to confuse GP's  which result's in your senario
    here is what the form they send contains ESA65B

    This patient has been claiming Employment 
    Employment  and 
    and  Support
    Support  Allowance
    Allowance. . 
    We recently assessed their ability to work using the Limited Capability for Work Assessment.
    We decided that your patient is capable of work from        /        /        . This is based on
    a medical assessment we arranged and your patient attended on            /        /        
    medical information you provided
    information your patient gave us.
    This means you do not have to give your patient any more medical statements for benefit
    purposes. But you may have to give your patient new medical statements if
    G they decide to appeal against our decision
    G their condition gets significantly worse
    G they have a new medical condition.
    We have sent your patient a summary of the Limited Capability for Work Assessment.
    ESA65B

    https://www.whatdotheyknow.com/request/379317/response/919976/attach/html/3/4b.ESA65b.pdf.html




  • harry1956harry1956 Member Posts: 11 Listener
    If your doctor refuses to give you a sick note ('fit' note is an absurd name for it) he is committing a malpractice by putting the needs of the DWP before those of his patient (you) so sue him. Solicitors are begging for medical malpractice and negligence cases. Phone one and explain your doctor's failure to provide you with a duty of care, because not even a government department has the lawful right to prevent that.
  • harry1956harry1956 Member Posts: 11 Listener
    Further to my comment: 
    If the DWP misguide you by implying they do have the right to dictate your doctor's duty toward you, sue them, because they don't and them relying on your ignorance of the law is in itself unlawful. 
  • [Deleted User][Deleted User] Posts: 587 Listener
    Can you contact the practice manager or see a different GP? There's a petition to have those letters stopped. 
  • harry1956harry1956 Member Posts: 11 Listener
    You can complain to the practice manager; however, there is no cerainty that he/she will change your doctor's decision, but you have the right to change your doctor at anytime, preferably at a different practise. Petitions take time and I personally believe that  nothing short of a new government will end the atrocities against the sick, disabled, and elderly being committed by the current one. Fight for your human rights and sue, sue, sue is the best policy.
  • [Deleted User][Deleted User] Posts: 587 Listener
    Hmm, doesn't suing cost money?
  • harry1956harry1956 Member Posts: 11 Listener
    Medical negligence solicitors will jump on your case on a no win no fee basis. It is also still possible that you may be entitled to legal aid. It's worth looking into.
  • [Deleted User][Deleted User] Posts: 587 Listener
    Oh ok, that's good to know :) 
  • harry1956harry1956 Member Posts: 11 Listener
    Glad I could help.
  • harry1956harry1956 Member Posts: 11 Listener
    When we are ill it is not unreasonable to require medical treatment and, if necessary, a period of recuperative respite until we are well enough to resume employment which is solely determined by the period of the incapacitating nature of the illness. It is unreasonable for a discriptor, in his/her determination as dictated by his/her employer for solely economical reasons, to deem you fit for work irrespective of anything else. You have the right to a recovery from your illness and to contend anything that impairs that or that is causative of a worsening of it.
  • jw0957jw0957 Member Posts: 48 Connected
    Hi all, 
    l was found fit for work last Sept and am still waiting a tribunal date. Seems that there so many people appealing the decision FFW that the tribunals are overwhelmed. My GP didn’t hesitate to issue fit notes every 8 weeks since. I made the mistake of apply for UC on advise from person who rang me about the FFW and she told me to apply for UC. I live on my own and thought that l could t cope with money.  I couldnt go back to ESA once l put my appeal in. So I only get basic UC  no disability premium now.  I went for a PIP assessment. In March and was re-awarded PIP and awarded low rate mobility, l never had it before. I was pleased with the assessment and the fact that the assessor saw first hand that lm not getting any better. I also had  a UC assessment on 9th May and again the assessor saw my difficulties. I am awaiting their decision again. It’s depressing and worrying to say the least and l sympathise deeply with those who are also waiting the response from an assessment, whether it be UC, ESA or PIP.
    Stay strong 😊
  • harry1956harry1956 Member Posts: 11 Listener
    The bullying tactics of the DWP to force poorly people to claim the lesser benefit of UC for an income during the process of the iniquitously procrastinated Mandatory Reconsideration is atrocious. Of course, once you claim UC you lose your entitlement to ESA, even if you win your appeal. The sole excuse  given by the Government for its human rights abuse of its most vulnerable people, the sick, disabled, and elderly, is that 'people are better off in employment'. Are they really or is the budget a bit healthier?
  • jw0957jw0957 Member Posts: 48 Connected
    Harry1956
    lm 62,can often barely walk and my fingers lock painfully when carrying out simple day to day things . When a person gets an accessory that can see at a glance or after asking the right question then their jobs is being done properly. Too many assessors over look the key things that’s cause certain disabilities and illnesses. I consider myself lucky on the last 2 assessments that, the assessor was understanding and sympathetic. Her friendliness put me at ease and though the out come may not be in my favour at least l was treated with dignity instead on suspicious and contempt. 
  • harrycharryc Member Posts: 6 Listener
    Hi, this is Harry1956
    The government don't allow me to stay on sites with forums for long, because they fear the honesty of my comments, hence the change of my user name. They keep-on invalidating my email addresses to prevent my truths being aired on social media sites. Evincibly, this is because they have crimes they would prefer undisclosed. Your assesser, though giving the appearance of being human, is a monster with a hatred of the unemployed irrespectful of their individual needs and predicaments. You have to be aware that many thousands of victims of these stone cold people are dead and many more are suffering slow deaths on our streets. The United Nations have criticised and are investigating these atrocities. Britain ceased to be a civilised country when the Tories took tyranny. None of us should be smug in our life's comfort whilst these heinous people are free to act despicably.
  • harrycharryc Member Posts: 6 Listener
    edited May 2019
    I can be contacted on [Removed by moderator]. Thank you.
  • harrycharryc Member Posts: 6 Listener
    I haven't the time to be continuously joining this site (each time my email address is rendered void) Evidently, that is because DWP assessors and decision makers don't want family and friends finding out what monsters they are. You see, it's easier for them to do the jobs they do whilst they can pretend they're doing nothing wrong.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hello @harryc (@harry1956), thank you for sharing your opinions. I'm sorry it sounds as if you're having trouble staying on the community. However, your problems with your email address shouldn't affect your ability to log in here. If I can do anything to help, please let me know.

    Additionally: I'm afraid I've had to remove your phone number, as we don't allow personal information to be shared here in the interests of ensuring everyone's safety.
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • harrycharryc Member Posts: 6 Listener
    Thank you for your concern. I can be rather less than euphemistic with my comments, but nonetheless accurate. Frustratingly, I am not paranoid. For some reason my email address DOES keep becoming invalid. Earlier, when trying to get onto your site, I couldn't get past the sign in/join stage for persistently being told my password was incorrect, despite the contrary. Then the 'I am not a robot' thing was not accepting my correct choices.
  • jw0957jw0957 Member Posts: 48 Connected
    Good Morning all
    just wanted to update about my UC assessment. 
    It is with a huge relief that l received notification via my online journal to advise that the DWP have decided l have a LCW and WRA. I can’t tell you how much stress and anxiety has been lifted from my life. I hope all who are waiting Assessment or results have a positive outcome. All the very best to you all 😊
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's great news, well done. This is proof that there are good stories out there.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • jw0957jw0957 Member Posts: 48 Connected
    Poppy123456
    l feel slightly light headed with relief. Don’t think l could have gone on fighting with it all. I pop into the group to see how other folk are doing and it often makes me sad. I just needed to put some positivity back and hopefully lift a few spirits. It’s easy for folk to say ‘stay strong’ if all you feel is despondency. That long dark tunnel does have a light at the end. I know, lve just reached it 😊
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Thank you for updating us @jw0957, to echo Poppy, it's good to read a positive story. :)
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
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