Doctor not issuing a sick certificate because ESA says I'm fit for work — Scope | Disability forum
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Doctor not issuing a sick certificate because ESA says I'm fit for work

tinabing56
tinabing56 Community 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 


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Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 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
  • tinabing56
    tinabing56 Community 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.
  • harry1956
    harry1956 Community 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.
  • harry1956
    harry1956 Community 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. 
  • harry1956
    harry1956 Community 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?
  • harry1956
    harry1956 Community 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 :) 
  • harry1956
    harry1956 Community member Posts: 11 Listener
    Glad I could help.
  • harry1956
    harry1956 Community 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.
  • jw0957
    jw0957 Community 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 ?
  • harry1956
    harry1956 Community 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?
  • jw0957
    jw0957 Community 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. 
  • harryc
    harryc Community 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.
  • harryc
    harryc Community member Posts: 6 Listener
    edited May 2019
    I can be contacted on [Removed by moderator]. Thank you.
  • harryc
    harryc Community 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_Scope
    Adrian_Scope Posts: 10,821 Scope online 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.
    Community Manager
    Scope
  • harryc
    harryc Community 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.
  • jw0957
    jw0957 Community 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 ?

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