Employment and Support Allowance (ESA)
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Doctors fit notes, don’t stop getting them if disallowed benefit/going to appeal.

I recently came across this information which may be of use regarding fit notes. When my husband was denied esa they wrote to him to tell him not to get any more fit notes from his doctor, they also said they would be writing to his doctor to tell him there was no reason to issue any more.  Our doctor is excellent and we r now going to appeal backed up by sick notes, but some doctors won’t issue further notes because they think they have no need to.        If you are appealing, this fact sheet from Benefits And Work sets out the legal position https://allequal.xyz/esaGP1

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I've never known DWP to contact any GP to tell them that no further sick notes are needed. You need the sick notes once the Tribunal accept the appeal to be able to claim assessment rate of ESA and these must be backdated to the date your money stopped. If they're not back dated then DWP won't backdated the money they owe you.

    This is providing the claimant hasn't started a claim for UC in the meantime. If they have then they won't be able to go back onto ESA.

    Sick notes aren't classed as evidence so there's no need to send them to any Tribunal.
    Community champion and 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.
  • MaxinusMaxinus Member Posts: 39 Connected
    Hi Poppy, thank u for the response, exactly my point, you need the sick/fit notes to claim esa while the appeal is pending to claim the assessment rate, backdated.
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