DWP won't accept my fit note

JellyBaby88
JellyBaby88 Online Community Member Posts: 22 Connected
in Universal Credit (UC)
Hello
I recently submitted a fit note as my condition has got worse and I'm struggling to cope.

I have had a WCA have been through to tribunal and it failed. I was found fit for work. 

When I ask my work coach why it had not been accepted, they said that as I have been found fit for work they will not accept any fit notes for my current condition. I have to have a different illness. Which I don't have. I just find this unbelievable, well not entirely as this is the DWP, so no matter how debilitating my illness gets, I can not be ill with it. 

The stress of the last few years has really taken it's toll and I don't think I can cope with this much longer. My mental health has really taken a nose dive over the last couple of years. I even requested a new fit note from the GP to include depression but they have just ignored that request. 

What do I do, I'm totally lost now.

Comments

  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited May 2021
    If your condition has got worse they should accept the Fit Note but you need the Fit Note to make this clear.
    ADM Chapter G1: Work capability assessment (publishing.service.gov.uk)
    G1040 Where it has been determined that the claimant does not have LCW following application of the WCA under UC or ESA legislation, a WCA may not be carried out unless there is evidence to suggest that
    1. the determination was based on ignorance of, or mistake as to, some material fact or
    2. there has been a relevant change of circumstances in the claimant’s physical or mental condition, for example where there is a new or worse condition.


  • janer1967
    janer1967 Online Community Member Posts: 21,922 Championing
    Hi there 

    I'm am sorry your claim has been turned down 

    Unfortunately there isn't really a lot you can do apart from request a statement of reasons from the tribunal to see if there has been an error in law  

    You will need some expert advice to do this 

    What dwp have said is correct you have been found fit for work for the condition you reported so no fit notes required for that condition as the decision has been made 

    As advised you can start the whole process again by reporting a different condition and providing a fit note 



  • JellyBaby88
    JellyBaby88 Online Community Member Posts: 22 Connected
    calcotti said:
    If your condition has got worse they should accept the Fit Note but you need the Fit Note to make this clear.
    Thanks for your reply. I will ask my gp if they could update my fit note to include this. When adding the fit note to my journal there is nowhere to add this, also they are not asking to see the fit note either.
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited May 2021
    You go to JellyBaby88 said:
    calcotti said:
    If your condition has got worse they should accept the Fit Note but you need the Fit Note to make this clear.
    Thanks for your reply. I will ask my gp if they could update my fit note to include this. When adding the fit note to my journal there is nowhere to add this, also they are not asking to see the fit note either.
    Go to Report a Change of Circumstances and enter it in the Health section. One of the questions you are then asked is whether or not you have a Fit Note. If so you then add dates. Normally you would be expected to take the Fit Note to JobCentre but obviously that hasn't been happening due to COVID restrictions. When you report it you need to be clear that your existing health condition has got worse and/or you have a new health condition.
  • Sandy_123
    Sandy_123 Scope Member Posts: 63,033 Championing
    Hi @JellyBaby88 hope you ca  get it sorted as @calcotti said it can be done and a good link to follow. Good luck
  • JellyBaby88
    JellyBaby88 Online Community Member Posts: 22 Connected
    calcotti said:
    You go to JellyBaby88 said:
    calcotti said:
    If your condition has got worse they should accept the Fit Note but you need the Fit Note to make this clear.
    Thanks for your reply. I will ask my gp if they could update my fit note to include this. When adding the fit note to my journal there is nowhere to add this, also they are not asking to see the fit note either.
    Go to Report a Change of Circumstances and enter it in the Health section. One of the questions you are then asked is whether or not you have a Fit Note. If so you then add dates. Normally you would be expected to take the Fit Note to JobCentre but obviously that hasn't been happening due to COVID restrictions. When you report it you need to be clear that your existing health condition has got worse and/or you have a new health condition.
    I really appreciate your help. I have done this but there is nothing, when adding a health change, to add any extra information. I have added that my condition is worse as a journal entry but I don't know who will see it.
  • Cher_Alumni
    Cher_Alumni Scope alumni Posts: 5,714 Championing
    edited May 2021
    Hi @JellyBaby88

    I'm sorry to hear you were unsuccessful at the tribunal, I can understand it taking an emotional toll and I hope the advice you've received has helped clarify the next steps.  If you can evidence your condition has deteriorated or you have a new one, then fingers crossed for a more positive outcome.

    It sounds like the process has impacted your mental health and I wondered if you'd spoken to your GP about how you're currently feeling?  If not, I'd really encourage you to let them know so they can discuss any support that can be offered.  There are some organisations you can contact too, for help with your low mood.  These are:
    Also, I'm going to bob you an email to see if we at Scope can do anything to help so please look out for this :)  Do let us know how you get on and good luck.
  • MarkM88
    MarkM88 Online Community Member Posts: 3,119 Connected
    Maybe it could be worth reporting the change and adding the dates of the fit note and maybe Monday contact them over the telephone and explain and state your condition has got worse? 
  • crissy000
    crissy000 Online Community Member Posts: 4 Connected
    I find I find this awful, if you have mental health issues, is there no one to help you sort this out? 
  • JellyBaby88
    JellyBaby88 Online Community Member Posts: 22 Connected
    Cher_Scope said:
    Hi @JellyBaby88

    I'm sorry to hear you were unsuccessful at the tribunal, I can understand it taking an emotional toll and I hope the advice you've received has helped clarify the next steps.  If you can evidence your condition has deteriorated or you have a new one, then fingers crossed for a more positive outcome.

    It sounds like the process has impacted your mental health and I wondered if you'd spoken to your GP about how you're currently feeling?  If not, I'd really encourage you to let them know so they can discuss any support that can be offered.  There are some organisations you can contact too, for help with your low mood.  These are:
    Also, I'm going to bob you an email to see if we at Scope can do anything to help so please look out for this :)  Do let us know how you get on and good luck.
    Thank you. I haven't spoken to my gp about it as I'm just too embarrassed, I just end up crying and not being able to speak. I did try the samaritans sometime last year, I was emailing and it was like they were reading my email but answering someone else, it was very strange and I guess they are incredibly busy. 
  • Cher_Alumni
    Cher_Alumni Scope alumni Posts: 5,714 Championing
    @JellyBaby88 Aww, no believe me I've been there.  I completely get it and I'm sorry you're going through this difficult time.  Please don't be embarrassed by crying, it's a natural response to the emotion you have inside and your doctor will understand that (and see it everyday with other patients too no doubt).  If you feel comfortable, maybe try making another appointment.  Just to speak about your feelings will be a good release and you'll be able to explore support options for the future.  You don't have to go through this alone  <3
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    Hello @JellyBaby88

    How have you been lately? Are you feeling better at all?

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