DWP told doctor to stop medical certificates

deadlightbulb

Hey all. I'm writing this on behalf of someone else but it all boils down to this;

She is on ESA and appealing after failing her medical. I won't go into all the ins and outs of that but basically she has depression and a knee injury, both which she's receiving treatment for.

The hearing should be within the next 4 to 8 weeks however the DWP have written to her GP and told her to stop writing medical certificates for her. They've threatened the doctor with fraud if she continues to supply sick notes since according to them she has no health issues, even though she clearly does and they even stated when she failed that they recognized she had problems but, in their eyes, they weren't severe enough for ESA.

We were basically wondering what we could do about this? Do the DWP do this as a routine (not sure if they just do it to scare people off?) and do they have any right to tell the GP to stop writing sick notes during the appeal?

The doctor doesn't know what to do and said she'll talk to them but she's worried about supplying a note since they've threatened her. Her note runs out tomorrow as well, so there's no time to really get this sorted out.

Thank you in advance

Owain_Moneysaver

The Doctor should contact GMC or BMA for professional guidance. However the Doctor should continue to issue sick notes if in her opinion the patient is unfit for work. Whether ATOS or DWP take any notice of them is up to ATOS and DWP, and they will have to justify themselves at a Tribunal.

satarical

This is also happening in my town. Over a four week period two friends have told me the same thing that the DWP have contacted the GP instructing them to stop issuing any further sicknotes during the appeal process. It is a standardised letter that informs the GP that they have no qualification to assess anybodies capability under the ESA regulations.

It has nothing to do with losing the appeal, it has everything to do with stopping payment of benefit at the assessment rate whilst waiting for a hearing. Presumably trying to put pressure on the claimant to claim JSA whilst waiting and not ESA.

In both cases the GP has continued to issue sicknotes regardless.

deadlightbulb

Ok, thank you very much. It's eased both her's and my mind's that this is just a tactic to scare us off then.

I'll make sure the doctor realises this and carries on supplying the notes then, I'm sure once they know it's some backhanded procedure they'll see sense.

Cheers

bitsandpieces

deadlightbulb wrote: »

Ok, thank you very much. It's eased both her's and my mind's that this is just a tactic to scare us off then.

I'll make sure the doctor realises this and carries on supplying the notes then, I'm sure once they know it's some backhanded procedure they'll see sense.

Hope so! If the GP remains concerned, the suggestion of advising them to contact the BMA is a good one - the BMA will clarify the GP's responsibilities to them.

FBaby

It's up to the GP. The fact they are feeling concerned about their decision is a bit worrying. They should have confidence in their medical judgement.

The reality is though, many (not to say most) provide sick notes just on demand. The reason is that GP are constantly rushed, have little time and just can't be bothered to waste 1 hour arguing with a patient why they don't need one. They see it as not being their problem.

sja75

Really cannot believe what I have read on this thread. How can the DWP do this? Absolutely immoral if not illegal...

satarical

sja75 wrote: »

Really cannot believe what I have read on this thread. How can the DWP do this? Absolutely immoral if not illegal...

Not really, it seems that the DWP are just reminding GP's that are continuing to issue sicknotes that the claimant has been found fit for work and that GP's are not qualified to assess anybody in accordance with the rules of ESA - only ATOS can assess that way.

Horseunderwater

Perhaps the OP and her friend should ring a newspaper up and get a story running? In all my years of needing sick notes or as they now call them Fit notes - I have never heard anything so awful.

sja75

satarical wrote: »

Not really, it seems that the DWP are just reminding GP's that are continuing to issue sicknotes that the claimant has been found fit for work and that GP's are not qualified to assess anybody in accordance with the rules of ESA - only ATOS can assess that way.

But the issue is that the claimant is on the assessment rate of ESA. Shouldn't be a difference between pre and post ATOS medical regards this.

The assessment rate is paid upto Tribunal (at present) by the DWP. That's the rules with support of sick notes.

Additionally its not just ATOS that can determine entitlement, the Social Entitlement Chamber ultimately decides that.

So it is immoral in bullying Doctors with threatening letters in the hope it sticks and a claimant loses benefits as a result... Especially as its a breach of the rules surely.

More so if these letters are implying Doctor's maybe committing fraud, perhaps the DWP ought consider their own position regards said allegation.

iluvmarmite

I think it's disgusting that a person can be declared medicaly unfit for work through disability, wether physical or mental, by GPs, top consultants and other highly qualified medical professionals, then along comes an untrained person, ticking boxes on a computer screen, telling a doctor not to issue fit notes or they will be commiting fraud!

For a start how the hell can a doctor be commiting fraud when he is telling the truth about a patients medical condition? He/she is saying that the patient is not fit for work due to illness, a ATOS HCP is stating in their opinion and that of a few ticked boxes, the patient is fit for work, that doesn't mean the doctor is lying and commiting fraud, it means they have done proper medical tests on the patient, sent the patient to see consultants, done all the right things.

The DWP and ATOS are getting way above themselves now and revel in the power they have to stop a persons benefits if they don't do as they are told, it's getting way out of hand now and sooner or later something is going to give.

I have appealed the decision to put me in the WRAG, I was told I didn't need to send in fit notes, even though I have read numerous times that I would have to during an appeal, I phoned earlier to ask again if I need to send fit notes, after looking at my file I was told once again that I didn't have to, I wonder if this is another way round things, instead of asking the GP not to issue them, they just say you don't need to send them.