Hi

Ive been on incapacity benefit for a couple of years for a long term serious bowel illness, recently I scored 0 points and that at the tribunral scored 14 points so just missed out.

I want to claim esa, I believe I have some capability of work and want to be positive and try in the future and get a part time job of a few hours a week to start with to see how my body reacts to this, with my illness its a struggle but I want to atleast try, im fed up of staying at home.

I rang up and was told to claim ESA and that I would need a doctors 'fit note' I asked if my GP could put limited capacity for work and was told yes rather that him have to put cannot work.

however upon looking up fitnotes it seems the GP has 2 options, not fit for work and maybe fit for work, im not sure which to ask him for? anyone know what I should ask him to put?

I really want to make an effort to return to work but I just dont trust the benefits department, I dont want to send in a fit note for them to come back at me and say sorry your GP has indicated you can work etc.

many thanks for any help

As far as I am aware, in order to initially claim ESA you will need to be declared unfit for work. Go with that option if it is the one your GP recommends. You will go into the 13 week assessment phase. By the end of which - in an ideal world - you would have been granted 15 points and allowed to claim ESA with the disability premium at the appropriate level. You no longer need to supply [un]fit notes and you will go into the Work Related Activity Group which, by the sounds of it, you need to be in.

Send in a note saying you are fit for some work - despite your GPs advice - and you will end up on JSA whether you like it or not!

The chances, of course, are that you will have an ESA ATOSH assessment, score null points and go to tribunal again...

Best wishes

Rae

Thanks

Ill probably call them tomorrow and ask for clarification, I know that come the assesmant ill probably get 0 points, im use to it to be honest

Its one of the reasons I want to make a big effort to get some alternative income, Im fed up of worrying about the benefit system, its making my sicker with worry.

OK, these came in around the time I left the ESA section, but a friend still there tells me the following:

"Fit" notes are accepted as evidence of limited capability for work regardless of whether the doctor has said "is not fit" or "may be fit subject to the following". The "may be fit" section is intended to provide guidance to employers, not benefit processors.

"May be fit" can be considered at a DWP work-focused interview, however it cannot be used to stop a person's benefit. It's intended to guide the adviser and the customer as to what sort of work they could realistically look for. The customer cannot be compelled or coerced into taking this advice. This applies to unfit for work benefits like ESA and IB, I don't know how it would work for JSA.

There is a part of the Med 3 form that states "I will/will not (delete as appropriate) need to assess your fitness for work again", or words to that effect. For arcane processing reasons, it will help the processor if the doctor states "I will need to assess...", and currently many doctors don't complete this section at all.

She tells me that BDCs are not, in general, treating the new Med 3 forms any differently from the old ones.

Antone, thank-you for that clarification.

Best wishes

Rae

Hi

Ive just rang up and been told that if the doctor puts maybe fit for work then you WILL be taken off the ESA benefit.

I have to be honest im really confused about this benefit, I thought it was for people with a limited capacity for work but now it seems to claim you need to get a GP note saying not fit for work.

Hi maestro,

I think the problem stems from the original concept of ESA. That is to get those who are disabled and long term sick into work where that is feasible. Therefore - as you have found - it starts with the premise that you are unfit for work.

As I said earlier, you'll need to send the [un]fit note as often as necessary throughout the 13 week assessment phase. Once that is complete you would probably be put in the Work Related Activity Group which is the one that will assist you to find suitable employment. No further [un]fit notes will be necessary...

However, the assessment phase will probably include a meeting with your friends ATOSH. It is likely that you will score nil points. Your ESA will be stopped and you would need to appeal. This can take up to nine months. Throughout this time you would need to keep sending [un]fit notes. You will remain on the assessment rate of ESA until appeal.

Best wishes

Rae

fit notes are a joke and should never have been implemented the way it was.

ESA is also a joke too, people who need support to get back into work don't get the support and just end up dumped on JSA just so the government can look good with its stats :S

Honestly they really need to fix the welfare system and the way everything the government does tbh, bureaucracy has screwed up the way the system works so much and the red tape there is like a net to make sure that u have to fight your way through a jungle of it just to get anywhere :S

It seems to be a atotal flaw in the system, i.e there isnt a benefit for people like myseld who due to illness arent able to work the 40 hours a work needed for JSA.

In essence I have to be declared unfit to work in order for them to be satisfied I have a limited capacity for work.

I think what ill do is see my GP and get an unfit for work permit but then I will write in asnd ask for further clarification

Hi

 

Ive just rang up and been told that if the doctor puts maybe fit for work then you WILL be taken off the ESA benefit.

 

I have to be honest im really confused about this benefit, I thought it was for people with a limited capacity for work but now it seems to claim you need to get a GP note saying not fit for work.

You have been misadvised.

Hi

How did I get definate confirmation either way? shall I write in? im not doubting your judgment but I just dont trust the benefits department one little bit, from experience you need everything in writing.

The GP stating that you might be fit for some work subject to certain conditions is his professional opinion of you having limited capacity for work, which is what ESA is for. No claim should be refused on the basis that there is limited capacity for work - a person who can work but with limitations should be placed within the ESA work-related activity group, not refused completely. A person who cannot work at all is placed in the ESA support group.

Hi

 

How did I get definate confirmation either way? shall I write in? im not doubting your judgment but I just dont trust the benefits department one little bit, from experience you need everything in writing.

It's not just my judgement, I processed ESA for a living. Granted, I left before "fit notes" became widespread, so I don't have access to the latest processor guidance, at least not on the DWP intranet like I used to. But it seems clear to me, from what I was told by my former colleague, and from my understanding of ESA, that the Med 3 or "fit note" hasn't really changed much.

lord help me i'm confused,

it seems i have been placed into "work related activity group" despite being off my face on morphine as pain relief and unable to walk more than 100 yrds without two walking sticks but hey ho "they gotta save money somewhere i guess" lmao, any who, my question is do i still have to send in "fit to work" notes despite my gp insisting i am not fit to work..confused me too!

lord help me i'm confused,

it seems i have been placed into "work related activity group" despite being off my face on morphine as pain relief and unable to walk more than 100 yrds without two walking sticks but hey ho "they gotta save money somewhere i guess" lmao, any who, my question is do i still have to send in "fit to work" notes despite my gp insisting i am not fit to work..confused me too!

You do not have to supply medical evidence if you are in the WRAG, no. The processor who made that change to your claim should have entered on the system that you have medical certs "until further notice".

thank you ANTONE, phew they had me really confused, thanks for clearing that up for me

No problem. In fact, they should send a letter to your GP informing him or her that they needn't issue any more certs. Of course, this is a system generated letter and those are notorious for going missing, and for being incomprehensible even if they do arrive.

lol oh man do i know that one, but thank you so much for your advice and help..had me stressed all morning trying to get answer from DWP whose phone system is designed to annoy people!