no more sick notes

aquaman

hello all
I was recently turned down for ESA because i scored zero point
even though i had a TKR in 2009 and may have a slipped disc in my back which has been troubling me for a year i am waiting for a appointment with a back specialist i am going to appeal against ESA decision so i to gp for another sick note an was told by him that acording to ESA report that he could not issue any more sick notes would like to know if any one has any information for me
thank you

aquaman

elainebadknee

Hi

Did they give no other reason for not issuing sick notes? Why are they complying with ESA, I dont get it? If youre in a lot of pain and they know that they should support you at least...Maybe its time to seek another GP??SOunds like it is..

Elainex

dreamdaisy

I guess the score of zero points has much to do with your GPs stance, unfair tho that seems. Are you going to appeal the decision? I know that dorcas et al have already provided you with good information regarding that, but I suspect you may be caught in some sort of Catch 22 with this. If you do not qualify for ESA the thinking will be that you should be working, despite the fact that you cannot. Are you in receipt of any other benefit? For what period of time have your other sick notes covered? It might be worth contacting your local CAB, they are generally very clued up about this sort of thing, and you could try ringing the helplines here (number above). I am sorry that I cannot be of much help, but I wish you well. DD

c4thyg

You need another GP. I don't see why ATOS has anything to do with your GP giving you a sick note. What if something changed since they saw you! It makes no sense whatsoever. Ask for another GP.

tkachev

I don't think your GP understands the ESA system at all. He is a doctor they are not. It should be his decision whether he issues you with sick notes or not.
Like Cathy said I would consider getting a new, more sympathetic GP.
Good luck Aquaman,

Elizabeth

sharmaine

Aquaman

I find it surprising that your GP is doing the bidding of the ESA. I'm not sure what you would do from here unless of course you see your consultant or take advice from the Citizens Advice Bureau.

Sharmaine

aquaman wrote:

hello all
I was recently turned down for ESA because i scored zero point
even though i had a TKR in 2009 and may have a slipped disc in my back which has been troubling me for a year i am waiting for a appointment with a back specialist i am going to appeal against ESA decision so i to gp for another sick note an was told by him that acording to ESA report that he could not issue any more sick notes would like to know if any one has any information for me
thank you

aquaman

frogmorton

I am a bit shocked by all this...

I just don't get it? Is your GP doing what 'they' tell him?

Is there another GP you can see at the same practise?

Love

(a rather worried) TONI xx

tjt6768

I am quite sure they cannot tell your GP what to do.. I would see another GP if I was you.

Also, if you are appealing the decision, there is an organisation called D.I.A.L who were a great help with my DLA claim.. I am sure you would find the datails online. I know a friend of mine has been to see them recently and she was told that they will help but are really busy, sign of the times I guess.. Hope that helps.

Tony

dorcas

Hi aquaman,

This is appalling!!!
If the DWP are doing this, then they must be either doing it under some regulation (which one I wonder?) or are acting on the advice of ATOS/Medical services, in which case are ATOS basically saying that they doubt the GP's competance?

If that really is the case, it would be the duty of ATOS to inform the right authorities, or the General Medical council, as concerns about any other doctors fitness to practice fall under the good medical ethics guidelines issued by the GMC.

Somehow...I think not!

Anyway.... that aside ... if you appeal the decision then pending the appeal being heard you are entitled to have ESA re-instated..... but you do still need the sick note form your GP!

The key legal provision is regulation 30 of the Employment and Support Allowance Regulations 2008.
Regulation 30(3) states that .......... if the claimant has appealed against a decision that s/he does not have limited capability for work and the appeal has not yet been determined by a tribunal then s/he will continue to receive ESA. (This allows claimants who appeal against failing the WCA to continue getting ESA until the appeal is heard by a tribunal.)

During this time your doctor should continue to provide the sick note or Med 3 ‘Fit Note’ as they are now called.... unless he is satisfied that you are fit for work. (which I doubt given what you've said)

If it were me I’d most definitely go back to the doc and ask for a sick note; explain to him the situation you are in with appealing the decision.

I'd also ask for a copy of the letter the doc received from dwp and take it to CAB and ask for legal advice and support with the appeal; I’d also ask CAB about the legality of what dwp have done in issuing an ‘instruction’ to your GP.

let us know how you get on.

I'm so sorry aquaman.... this must be worrying for you.

Iris x

aquaman

dorcas wrote:

Hi aquaman,

This is appalling!!!
If the DWP are doing this, then they must be either doing it under some regulation (which one I wonder?) or are acting on the advice of ATOS/Medical services, in which case are ATOS basically saying that they doubt the GP's competance?

If that really is the case, it would be the duty of ATOS to inform the right authorities, or the General Medical council, as concerns about any other doctors fitness to practice fall under the good medical ethics guidelines issued by the GMC.

Somehow...I think not!

Anyway.... that aside ... if you appeal the decision then pending the appeal being heard you are entitled to have ESA re-instated..... but you do still need the sick note form your GP!

The key legal provision is regulation 30 of the Employment and Support Allowance Regulations 2008.
Regulation 30(3) states that .......... if the claimant has appealed against a decision that s/he does not have limited capability for work and the appeal has not yet been determined by a tribunal then s/he will continue to receive ESA. (This allows claimants who appeal against failing the WCA to continue getting ESA until the appeal is heard by a tribunal.)

During this time your doctor should continue to provide the sick note or Med 3 ‘Fit Note’ as they are now called.... unless he is satisfied that you are fit for work. (which I doubt given what you've said)

If it were me I’d most definitely go back to the doc and ask for a sick note; explain to him the situation you are in with appealing the decision.

I'd also ask for a copy of the letter the doc received from dwp and take it to CAB and ask for legal advice and support with the appeal; I’d also ask CAB about the legality of what dwp have done in issuing an ‘instruction’ to your GP.

let us know how you get on.

I'm so sorry aquaman.... this must be worrying for you.

Iris x

hello dorcas
thank you for your help i will certainly be looking into this
aquaman