Universal Credit not accepting doctor's fit note?

LeeA380

I have been out of work injured for a while and have the relevant sick notes from my GP.

However, now that my ESA assessment has come back with 0 points, they moved me permanently on to UC and now see me as fit to work in some capacity.

Can DWP really overrule doctors' fit notes? What do I do now?

janer1967

Hi and welcome to the community 

Unfortunately the answer is yes 
Once the work capability decision is made and you are found fit for work they no longer require fit notes 

You can appeal the decision if you think it is incorrect by submitting a mandatory reconsideration within one month of the decision 

The alternative is to report a change in condition or new condition this will start the whole assessment process off again 

calcotti

That is the point of the Work Capability Assessment. As janer has advised, you can request a Manadtory Reconsideration of the decision (and if that fails can appeal to the tribunal service).

poppy123456

LeeA380 said:

However, now that my ESA assessment has come back with 0 points, they moved me permanently on to UC and now see me as fit to work in some capacity.

That's not correct. No one moved you permanently to UC because that's not possible. You would have needed to claim it yourself. If you were claiming New style ESA then this is time limited to 1 year unless you're placed into the Support Group and then it's paid for as long as you remain in that group.

kellyt

i suffer with depresion and anxiety before the pandemic i was slowly getting better but now its bad again. i had one work coach who was ok. then i got another one he was very abrupt my sick note had not quit run out but wanted me to get another one before it had i managed to get one but the doctor mistakingly only did it for one month so i have spoken to the doctor and they re did it for 3 months but on the sick note thing it says fit note accepted no.  the work coach i have now is ringing me every two weeks i couldnt understand why until i saw that. i went in to see when it ended and realised they not even accepting it.  he has made me re sign the declaration thing and made sure i read the sanctions.  im getting more stressed anxous and depressed now i feel like he out to get me with a sanction. i volunteer at 2 city farms as it helps with my depression i am not sure if this has gone against me as i am trying to help myself get back to were i was before all this.  its making my life hell and i just want to cry all the time. he did ask me why the last one did not send me for an assesment i dont know why. i was in 2020 on ingous thing that was helping me get sorted but that ended just after the pandemic hit and it was no more face to face meetings and i could not do the volunteering in the different areas i wanted to help with my self esteem and confidence so i felt strong enough to get a job.

poppy123456

@kellyt as advised in your thread here. https://forum.scope.org.uk/discussion/88308/hi-my-name-is-kellyt#latest
If you were found fit to work previously then a fit note won’t be accepted unless it’s either a new condition or a worsening of a existing condition.

Alex_Scope

Hi @kellyt thanks for joining the community. Have our members helped to answer your original query? I'm sorry to hear about how you're feeling at the moment. Have you spoken to your GP about it? Do you feel like you're getting enough support for your mental health?

It sounds like the volunteering you were doing was a really positive thing for you, perhaps you could get in touch with the farms to ask about volunteering again? Is there anywhere else you'd consider volunteering?

If you feel we can help further please don't hesitate to ask.

Alex_Scope

Hello @LeeA380 have our members been able to help advise you? Let me know if there's anything else you're unsure of, and I'll do what I can to help

Alex

kellyt

@poppy I have been on sick notes for awhile the last work coach i had did not send me for assesment as we have been in a pandemic and many places were closed etc at least i think that was the reason so have not been on a assesment and been told i am fit for work by them. just before xmass the work coach i got i had a new one and he insisted i get a new sick note before last one run out and was very abrupt in his mannor that really upset me i phoned doctor and they issued one quick but my usual doctor was ill so someone else did it and only issued it for a month to end jan so i then re contacted them after xmass to ask why it had not been done for 3 months like my usual doctor does it for and they corrected it but did it starting from  the date of the last one but it lasting until march this is the one the work coach i have now is not accepting.  i have messaged to ask why messaged today and have not had a reply. 

kellyt

@alex i spoke with the doctor to get the last sick note.  i am still volunteering at the farms which was helping with my mental health been doing a couple of months now and was getting better and was going to start looking for other volunteer roles to help with confidence and experience to eventually get back to work but with all this business with the work coach making app every two weeks re doing the comitments bit on my journal and highlighting the sanction section making sure i read it i feel he wants to sanction me and have been getting worried my depresion is bad again im stressed and my anxiety is bad again.  also this monday i had the funeral of my aunt who had cancer diagnosed last year.  she lived in norfolk i could not visit her i didnt have the money to get there plus i cant do the tests it causes me anxiety anything going into my noise and deep in my throat.  im not allowed to see my nan who dose live round the corner because i cant do the tests so that is affecting me emoitionally i feel like im never going to see her alive again (health wise she is ok she had a heart op new valve fitted my other aunts didnt even ring me to tell me gave me an excuss that they didnt want to worry me but i dont think it was really that)  i did have a volunteer role at the garden musium until they wanted tests done before we came so could not do that anymore had explained about my anxiety again they know i could not wear masks because of it but they insisted i do them or i could not volunteer with them anymore that really knocked me further.  its a lot at the moment with everything and the work coach not helping with not accepting my sick note i dont know why they havent he hasnt messaged me to say i didnt even know about it until i checked to see when it was going to run out. when i checked the jornal it was middle of jan the date on the decision thing 

poppy123456

kellyt said:

so have not been on a assesment and been told i am fit for work by them.

You don't go "on" an assessment as such for the work capability assessment. You attend an assessment, which has mostly been by telephone throughout the pandemic but have started back as face to face for some people. They did stop for a short while during 2020.

You can be found fit for work for failing to attend an assesment, through telephone or face to face.

Have you ever filled out a work capability assessment form like this. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/985609/uc50-interactive.pdf

When you were found fit for work, you should have received a letter onto your journal, did you receive this? if so, when?

Alex_Scope

Hello @kellyt thanks for explaining for me, it sounds like a very tough time for you, but I hope you know you're not alone. If you feel like things are getting a bit too much, these organisations can help support you: 

• Mind has advice on how to manage anxiety and depression
• Cruse can help support you in dealing with bereavement 
• You can self refer for talking therapies, also called IAPT services with the NHS
• Text 'SHOUT' to 85258 for support 24/7 

Have you spoken to your GP about how anxious testing makes you feel? It can be a bit unsettling, and sometimes when we're worried about something, even the idea of it makes us feel more stressed. Perhaps talking about it with them will help you to find strategies to manage these worries.

If you feel we can help you further please let us know, we can always offer additional support if you feel you need it

kellyt

@poppy i had an assessment a long time ago 2017/18 i think i suffered depression and anxiety then but that time it was because looking after my nan and how she was with me i was left feeling low and had no self worth, could not do anything right low confidence etc.  this time because of the pandemic i have been left isolated unable to see family members or friends. because im mask exempt i have been screamed at on the bus and in enclosed places throughout this pandemic and so am left fearful and very nervous of being around people very on edge in case i am verbally abused again.  i am a lot worse then when i was assessed and with loosing my aunt who i was unable to see.  cant see my nan and scared i will never see her alive again (she is so far ok but not getting any younger) i guess because of loosing my aunt im now worrying about whether i will ever be able to see nan.  had a phone call with work coach today and he explained because of the last assessment a long time ago they not accepting the sick notes however, i explained its worse and different to the problems i had before he said about me going to the farm and i explained that its different because they have a policy in place.  i told him i wanted help to get ready to go back into work and he is going to pass me onto an organisation that helps with depression and getting the computer skills i want etc so i am happy he is giving me the help i need that i had received before with the original work coach for my issues.  i had gotten into a good place and was going to do different volunteer roles that would have given me experience, confidence and a reference to get back into work but then the pandemic hit and everything got closed and everything else that came with it.  I am hoping i get the help and time i need to recover from this ordeal (i know its not just me who has suffered) and get back to my old self before all of this.

poppy123456

If you were found fit for work in your previous assessment (you haven’t said you were) then you will need to make sure your fit note says a worsening of the same condition, or a new condition. If it doesn’t then they won’t accept it.

kellyt

@poppy123456 i had  sent a message to my doctor explaining this and they put down worsening however kept the dates the same on the sick note. i sent it yesterday about 12 and they had rejected that one the day after at 9.10 that quick. all of this is making me worse to the point i feel like i dont even wanna leave the house.  i have an appoinment with the doctor on friday but even if i get another sick note will they even accept any of them.  i feel like they are just saying no now as they dont give a **** and just want me of their books so to speak

g7iqj

calcotti said:

That is the point of the Work Capability Assessment. As janer has advised, you can request a Manadtory Reconsideration of the decision (and if that fails can appeal to the tribunal service).

YES  & surely if u report change & condition  got worse . & u failed  MR REVEIW  but lodged case with tribunral  have    proof  till the tribural  you can  surely  IF  supply up to date fit notes     u , NOT  fit for work JOKE  if DWP  can overide  PROFFESTIONAL    ORPHOPEDICS DEPT /  SURGEON , MRI REPORTS . 

poppy123456

g7iqj said:

calcotti said:

That is the point of the Work Capability Assessment. As janer has advised, you can request a Manadtory Reconsideration of the decision (and if that fails can appeal to the tribunal service).

YES  & surely if u report change & condition  got worse . & u failed  MR REVEIW  but lodged case with tribunral  have    proof  till the tribural  you can  surely  IF  supply up to date fit notes     u , NOT  fit for work JOKE  if DWP  can overide  PROFFESTIONAL    ORPHOPEDICS DEPT /  SURGEON , MRI REPORTS . 

If you've been found fit for work they will only accept a new fit note if it's for a significant worsening of an existing condition or it's for a completely new condition. Not that i would advise anyone to report a worsening of condition while waiting for a Tribunal. This is because if the new decision doesn't go in your favour again then the whole process starts again.

Any new decision will also overrule the Tribunal decision once it's made.

Sadly, a fit note isn't classed as evidence that you have limited capability for work.