Help Please - ESA Siopped Payments Appealing

[moneydragon]

Due to an injury at work I have been on incapacity benefitfor the past 15 years. Back in 2001 I was called in and deemed fit for work,all benefit stopped etc. I appealed this but went to the Job Centre as advisedand they could see I was not fit for work and sent me back to the Doctors for asick note. I did this but DWP had contacted my doctor and stated that I was fitfor work and not to issue me with any sick notes. I went on to win my appealand my benefit was re-instated.

Moving forward in 2011 I was called in for an assessment andduly completed the pre assessment form but at the same time I was taken ill anddiagnosed with cancer. I called dwp and they agreed to put my assessment onhold whilst I went ahead with the chemo etc.

In July I was called in for an assessment, no pre assessmentform was sent or completed. As a result I given nil points and was deemed fitfor work.

I have asked dwp to re consider as the report had manyinaccuracies and that my health has deteriorated sum what and none of this wastake into account and in August I was now diagnosed with a lung disease . DWPwould not change their minds quoting that I stated this and that on my preassessment report – what report I even told them that they were going on areport that was 3 years old which they said that would not happen.

I have now gone to tribunal which has been accepted and toget my ESA payment (at the lower rate) re-instated I am told I would need toget a sick note from my doctor.

So I have just been to my doctor and low and behold I wasinformed that she could not give me a sick note, but I did get a copy of myrecord and it clearly states that in 2001 DWP have said fit for work do notissue sick notes.

Can someone please advise me what I can do as I had had NO money since July . Though my partnerworks be it only part time I am told I am not entitled to anything.

[tommy456]

The DWP cannot instruct your GP to do anything ,So the GP should of told them where to go,politely of course, If you you have a medical condition that would affect your ability to work then your GP should not have any problem issuing MED3 Fit/Sick notes So you can claim ESA

It maybe to your advantage to change GP's to one in another surgery , and maybe seek help from welfare rights or CAB

 

So as you say that you need a Fit note in order to be paid ESA at the pre assessment (lower) rate I can only assume that you have requested a Mandatory reconsideration from the DWP which agreed with the previous ATOS WCA findings ? have you sent the copy of the MR to the tribunal service with your appeal application ?

Once the tribunal service accept your case they will write to you and the DWP , once they have received this you can claim ESA again if you have fit notes until the appeal date

[estellyn]

Write to the practice manager explaining the situation, and that the GP has autonomy to write fit notes and that a 'DWP direction' from 2001 has no effect on him writing fit notes now. He should write a fit note according to whether or not he thinks you are fit for work.

[tommy456]

Write to the practice manager explaining the situation, and that the GP has autonomy to write fit notes and that a 'DWP direction' from 2001 has no effect on him writing fit notes now. He should write a fit note according to whether or not he thinks you are fit for work.

I'm surprised that any would take any notice of what direction the DWP gave about their patients , My GP as many others i would hope, would probably tell them that the patients well-being is their priority and as such by them working could cause their health to deteriorate ,therefore they are unfit for work, med3 issued

[moneydragon]

I know but it clearly states on my records from DWP not to issue sick notes. As I said previously I have dueto chemo a lung disease which effects my breathing considerably but my gp today said that they don't issue sick notes for this condition. I give up!!

[tommy456]

I know but it clearly states on my records from DWP not to issue sick notes. As I said previously I have dueto chemo a lung disease which effects my breathing considerably but my gp today said that they don't issue sick notes for this condition. I give up!!

So you have a new condition caused by the chemotherapy therefore would also be entitled to make a new ESA claim But again you would need a MED3 Fit note, this could be from your consultant at the hospital as well as your uncooperative GP,I have been in a similar situation with a GP refusing to issue a Fit note , i switched GP's and my current GP knows only too well about IDS and the DWP's methods to cut the number of people on benefits , Fit notes issued , and even a supporting letter for my tribunal hearing , so helpful ,Move GP's and get what you are owed , and the care you need don't give up

[jason2723637]

not get a sick note from GP cos she wont give it?? sounds like madness sorry I know this doesn't help your situation but just not make any sense to me best to get better GP who sticks to the well being of the patient and not some beauracracy!

[moneydragon]

I know and I am looking at changing my doctors. My original question was should I even need to go through this as when you have your appeal for tribunal should your esa payment not be automatically reinstated be it at the lower rate.

[antone]

Your ESA payment is reinstated at the lower rate (although you usually have to ask them to do this, it's not automatic) but you do need to supply sick notes while you're waiting for the appeal to be heard.

 

When an ESA claim (or IB or other sickness benefit) is closed because you are judged to be fit for work, the DWP often sends a letter to your GP saying that no more sick notes should be issued. This letter does state, though, that sick notes should be issued if the claimant is appealing the decision, a provision that would apply in your case. However, sometimes GPs miss that bit. I second the suggestion to contact the practice manager and explain the situation. Even if you do end up changing doctors, you still want to get a sick note issued ASAP so that your payments can restart.

[tommy456]

Your ESA payment is reinstated at the lower rate (although you usually have to ask them to do this, it's not automatic) but you do need to supply sick notes while you're waiting for the appeal to be heard.

 

When an ESA claim (or IB or other sickness benefit) is closed because you are judged to be fit for work, the DWP often sends a letter to your GP saying that no more sick notes should be issued. This letter does state, though, that sick notes should be issued if the claimant is appealing the decision, a provision that would apply in your case. However, sometimes GPs miss that bit. I second the suggestion to contact the practice manager and explain the situation. Even if you do end up changing doctors, you still want to get a sick note issued ASAP so that your payments can restart.

But your GP is not obliged to do as they suggest, if they believe it wouldn't be in the best interests of the patient Some are well aware of the farce AKA Atos/Maximus WCA and don't agree with their findings

[antone]

But your GP is not obliged to do as they suggest, if they believe it wouldn't be in the best interests of the patient Some are well aware of the farce AKA Atos/Maximus WCA and don't agree with their findings

 

Absolutely correct, yes. I was just trying to explain why some GPs refuse to issue certs but as you say, they're not obliged to do what the DWP suggests.

[tommy456]

Absolutely correct, yes. I was just trying to explain why some GPs refuse to issue certs but as you say, they're not obliged to do what the DWP suggests.

 

I think the truth is that some GP's let their personal opinion of the unwashed (esa/jsa claimants as they call us) take priority over what is in the best interests of their patients regardless of if they are working or not

 

Following a adverse WCA outcome the DWP write to the GP, do they say that as a result fit notes are no longer required , or say that they should not issue further fit notes ?

 

If the latter that could be deemed inappropriate as being found fit for work following a WCA doesn't mean that they are no longer sick ect, So why suggest to GP's that fit notes shouldn't be issued for the same conditions ? if someone cannot work then they cannot work , and no amount of WCA's will change that ,

[moneydragon]

Just to update I have now had my appeal accepted with my hearing next month. In preparation I have got copies of my medical history from both doctor and hospital. Do I need to submit my evidence before the hearing or take it with me on the day. Any advice on what to do in readiness would be most helpful. Thanks in advance

[jason2723637]

I have also appealed waiting for DWP to get back to me and waiting for my tribunal date so I don't know exactly but I would presume best to call the tribunal number on your letter to ask them..... didn't it say on any letter from the HMCTS about what to do with any medical evidence? ...otherwise someone else who has gone though the ESA tribunal process fully can hopefully update this thread (also there may be stickys available to read through)

[tommy456]

Just to update I have now had my appeal accepted with my hearing next month. In preparation I have got copies of my medical history from both doctor and hospital. Do I need to submit my evidence before the hearing or take it with me on the day. Any advice on what to do in readiness would be most helpful. Thanks in advance

It would depend on how much evidence you were wanting to submit(number of pages) as if only say one or 2 pages, they would be likely to accept it on the day of the hearing, if there is several pages,then probably best sending them in advance,(send copies if possible)

 

So that they can read over it prior to the appeal it's self, it maybe that they re arrange the appeal, if they feel that it would take longer than normal to do a thorough job, most appeals are scheduled for 1 time slot, =(30mins)they can sometimes overrun this,resulting in the appellant not getting the results orally, and other appeals being heard late,or not being heard on the day & rescheduled for a later date

 

if you have an audio recording of your WCA your appeal would likely have to be postponed ,for the DWP to provide the tribunal with 2 copies of the CD, and also arrange for a longer hearing, (2-3slots)depending on duration of the cd, as from my experience they may want to play it from start to finish, followed by enough time for questions answers for both sides, thought maybe the postponement could of been avoided, if i had submitted the recording at the very start, But i didn't because i didn't feel there was anything on it that would be of any real help, it was my CAB case worker who after hearing it said that although there wasn't much that stood out when compared against the ATOS goon's report apart from one important thing,and felt that it was important enough to submit it