Legal advice for employment probblem

[BHAFC]

I'm currently half way through serving notice thru dismissal with ill health and on an re-deployment plan.

What happens if your GP is instructed to sign you back to work as your ESA tribunals failed? My role is supernumerary and I do not have a role to return to. I have been off sick for over 18 months after being involved in an RTA and have a disability. I'm still expected to submit sick cert's during the notice period.

[honeybee13]

I'm currently half way through serving notice thru dismissal with ill health and on an re-deployment plan.

What happens if your GP is instructed to sign you back to work as your ESA tribunals failed? My role is supernumerary and I do not have a role to return to. I have been off sick for over 18 months after being involved in an RTA and have a disability. I'm still expected to submit sick cert's during the notice period.

 

Hello there, welcome to CAG. Has your GP been instructed to sign you back to work? Just because Atos and the tribunal have decided to find you fit [plenty about that on the Benefits forum here] doesn't mean that you are. I thought GPs used their own judgement, but it could have changed since I last had dealings with this.

 

Hopefully you will have other comments.

 

My best, HB

[BHAFC]

My certificate has expired....and he has been written to by ATOS and told not to issue any more....

[honeybee13]

I wonder if they can do that? I'll ask a couple of people and get back to you once they reply.

 

I hope the guys here will answer your other points when they manage to get here.

 

My best, HB

[antone]

This problem is usually caused by a poorly worded letter that the ESA computer system sends out when a medical is failed or an adverse appeal decision is input.

 

Your GP should ignore it - this is now a matter between you, him or her, and your employer. It's nothing to do with the DWP at all.

[honeybee13]

Thank you antone. Does that help a bit, BHAFC? Antone used to process ESA claims, so he knows his stuff.

[BHAFC]

Hello yes it does.....but my condition remains the same........below is the wording.......

Appeal is unsuccessful, you should only issue further statements if their condition worsens significantly or they have a new medical condition.

 

My GP is very reluctant to go against DWP advice. Perhaps I should contact practice manager?

[honeybee13]

Hello again. I can see what you mean. I'll send a message to Antone, who knows more about this, and ask him to advise you. I hope he can help with the wording of the letter.

 

My best, HB

[antone]

Hello yes it does.....but my condition remains the same........below is the wording.......

Appeal is unsuccessful, you should only issue further statements if their condition worsens significantly or they have a new medical condition.

 

My GP is very reluctant to go against DWP advice. Perhaps I should contact practice manager?

 

You could contact the practice manager, perhaps, I'm not really sure how GPs are managed and who they answer to. But as I said, this no longer has anything to do with the DWP and your GP should ignore this letter. Unfortunately, I only really know about benefits, and I can't say for sure how to deal with an uncooperative GP.

[honeybee13]

Hello antone and thank you for coming back here. I didn't read it as the GP being unco-operative, more that they've been taken in or misled by the DWP letter. Any wise comments please?

 

My best, HB

[antone]

Hello antone and thank you for coming back here. I didn't read it as the GP being unco-operative, more that they've been taken in or misled by the DWP letter. Any wise comments please?

 

My best, HB

 

You're probably right. All I can really suggest is explaining the situation to the GP - the DWP can't order a doctor not to issue certificates. This letter should really read something like "Please be advised that no more medical certificates are required for benefit purposes."

[honeybee13]

I agree with you antone, thank you. I hope this gets BHAFC a good result.

 

My best, HB