Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Sending repeat sick note

    Hi, I'm appealing ESA and have had a letter saying the sick note is about to run out and need to send a new one before the 20th, but my doctor says they can't issue another till the old one runs out on the 20th, so it will be impossible to get it there on time, do they stop payment on the day they say, or will they give it a few days?

    Also the DWP have arranged to see me saying they need to check my benefit claims, but they never mentioned ESA, and when I asked what it was about they just said it's to check the information they have and maybe something else, if it was about my ESA appeal would they have to say, or could it be they are just checking the information they have.

    Thanks.


  2. #2
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    Default Re: Sending repeat sick note

    if you ring they will probably give you some grace time but I be surprised if they give you more than a week.


  3. #3
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    Default Re: Sending repeat sick note

    :riget:

    Government guidance to doctors about Med 3 (unfit) notes isn't as clear as it could be and doctors don't always read such guidance as there is. Credit where it's due; your doctor's realised s/he can issue sick notes pending your appeal hearing. Gaps between sick notes can be problematic but overlapping notes are fine. Also, if necessary, a Med 3 can be backdated. Worst case senario for you is the possibility that your next payment may be a couple of days late if Jobcentreplus are waiting for a note before they can issue payment.

    Unlikely that Work n Pensions want to discuss your appeal. Far more likely to be a routine check, from a Benefits Integrity Centre or a compliance team, that everything's as it should be with your claim.

    Regards, Margaret.


  4. #4
    Basic Account Holder riget Novitiate

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    Default Re: Sending repeat sick note

    Thanks for reply, the overlapping sounds about right, like when I did mot's, you can't predate them but nothing to stop you doing another before that one runs out, I'll ring the doctors again!

    Yes looking at the letter it does say, "customer compliance".

    Thanks.


  5. #5
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    Default Re: Sending repeat sick note

    Quote Originally Posted by riget View Post
    Thanks for reply, the overlapping sounds about right, like when I did mot's, you can't predate them but nothing to stop you doing another before that one runs out, I'll ring the doctors again!

    Yes looking at the letter it does say, "customer compliance".

    Thanks.
    Yes, I'm sure Margaret is correct here - Compliance would not call to discuss your appeal. Indeed, it would not be at all common for anyone to call regarding your appeal.

    Re your med cert, again yes, there's no issue from a DWP point of view if certs overlap, and there's nothing to stop a doctor from issuing a cert prior to the expiry of the old one. As you say, they can't date it in the future, but that's not really the same thing.

    If your cert expires on the 20th, the computer will withhold payments as of the 21st. Processors can't override this, but if you subsequently supply a new cert your payments will restart and any money not paid will be issued once said new cert is processed. To keep things simple, you'd want the new cert to be dated from the 21st at the latest, since under normal circumstances every day of your ESA claim must be covered by medical evidence until you are found to have LCW by the DWP or the Tribunal.

    One exception to this: a gap in evidence of up to 10 days can be accepted provided that this is not your first cert.

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    I can't give advice by PM - please post on the forums. I do advise to the best of my ability, but I am not a qualified professional, benefits lawyer or Welfare Rights Adviser. If you wish to check my advice against other independent sources, please do.

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  6. #6
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    Default Re: Sending repeat sick note

    Having a mare now, 2 phone callsicon to the doctors, my wife's been down twice, now I've got to wait till Monday


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    Default Re: Sending repeat sick note

    you may have already done this, but an email or quick phone callicon to the practise manager, all surgeries have one I understand, often sorts it out. Just a suggestion as thinking of anything that could help. As a sufferer of anxiety this situation would have me fretting and pacing all weekend.


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    Default Re: Sending repeat sick note

    Well to update this, had a phone callicon 30 minutes ago from reception, another doctor has decided he will do it, then 5 minutes ago, another call, he's changed his mind and now will not do it, so I have to wait till Monday for original doctor to do it.

    How does the world keep spinning?


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    Default Re: Sending repeat sick note

    what a shambles........


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    Default Re: Sending repeat sick note

    Hope you get it sorted, riget. I have been sending the DWP (un)fit notes every three months for over four years now. As you have discovered, there is no problem with sending them in a little early, in fact that is recommended practice. The computer system will not allow payment to be generated for any period not covered by your note.
    So, I always diary when mine is due to run out and get a new one at least a week to ten days before that happens. This allows time for it to be posted, received and processed. Do not rely on the DWP to remind you. When they do, it's usually too close to the date it runs out and sometimes they don't remind you at all.


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    Default Re: Sending repeat sick note

    Most doctors i know will post date you a sick note from the time yours runs out.


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    Default Re: Sending repeat sick note

    it seems to be an area GP's have discretion in. I have personally never managed to get a GP to provide a new sick note before the old one expired, but the DWP's practice to me is unusual, the best bet is as I said before ring and ask for a grace period explaining why.


  13. #13
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    Default Re: Sending repeat sick note

    Quote Originally Posted by worried33 View Post
    it seems to be an area GP's have discretion in. I have personally never managed to get a GP to provide a new sick note before the old one expired, but the DWP's practice to me is unusual, the best bet is as I said before ring and ask for a grace period explaining why.
    That is highly unlikely to work - ESA cannot be paid without a sick note where one is required. There is no way a processor can offer a grace period.

    Now, admittedly, it's been a couple of years since I would spend several days a week running sick notes into the system, and the rules may have changed. The current, and unfortunate, political climate leads me to believe that if the rules have changed they won't have become more lenient.

    The initial mystery that attends any journey is: how did the traveller reach his starting point in the first place?
    ---Louise Bogan, Journey Around my Room

    I can't give advice by PM - please post on the forums. I do advise to the best of my ability, but I am not a qualified professional, benefits lawyer or Welfare Rights Adviser. If you wish to check my advice against other independent sources, please do.

    CAG exists because of your support, so if you feel able to help out by donating it would be welcome, but rest assured that our advice and support is free.

    "The idea that the poor should have leisure has always been shocking to the rich"
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  14. #14
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    Default Re: Sending repeat sick note

    it worked for me, I was given grace periods multiple times.

    There was even that occasion where I got a letter informing me I had been paid 6-8 weeks worth of IB without a sicknote and asking me for a hugely backdated sicknote, I panicked, posted on here, estellyn informed me I shouldnt even be sending sick notes and I then managed to get it corrected. But that showed the system can have payments going with out of date sick notes.

    Of course that was IB and is possible ESA has some kind of blocker where noone can overide it. If it does then thats just stupid. There has to be room for dscretion and common sense.


  15. #15
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    Default Re: Sending repeat sick note

    Well my money went in the bank so all seems ok,

    Got my dwp meeting tomorrow so I'll see what that's about.

    Thanks.



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