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GP cannot give fit notes

flight747
flight747 Posts: 510 Forumite
edited 26 January 2013 at 3:46PM in Benefits & tax credits
My friend had failed ESA after ATOS medicial scored her zero point.

She had suffered stress, depressed over the loss of her baby. But ATOs don't care and not interested in her stories. Scored zero point. So, she going to appeal her ESA but DWP need her fit note so she see her GP but her GP told her sorry they cannot give her any more fit note because DWP told GP to stop giving her false fit note. So, she cannot appeal or on ESA assessment rate at all. She think GP is making up ? surely DWP cannot tell GP what to do with fit note ?
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Comments

  • john539
    john539 Posts: 16,968 Forumite
    Part of the Furniture 10,000 Posts
    This thread might help:

    DWP told doctor to stop medical certificates
    https://forums.moneysavingexpert.com/discussion/4405389
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    I believe this is due to the doctor skimming the (poorly written) letter.
    http://www.rightsnet.org.uk/?ACT=39&fid=3&aid=82_22NDyo66EIe3PCba9AFm&board_id=1

    Is possibly the letter in question.
    If the claimant wants to appeal, the GP needs to provide sicknotes, if they believe it's medically justified.
  • ebsay
    ebsay Posts: 122 Forumite
    The DWP are trying to bully GP's, which if they succeed, will mean ill people will no longer receive any benefits while they appeal an unjust and unfair ATOS assessment!

    The Government is desperately trying to reduce the number of appeals, because appeals cost money, but more importantly they prove that the ATOS WCA is flawed and that it's HCP's lie!
  • flight747
    flight747 Posts: 510 Forumite
    If the DWP are bulling GP's then surely we should take the DWP to european justice of human rights court!
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    The Gp's are not being bullied into anything. They are just being advised that they no longer have to issue fit notes for ESA reasons. The GP can still issue fit notes if they think there is a medical need for one.
  • KxMx
    KxMx Posts: 11,292 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Poppie68 wrote: »
    The Gp's are not being bullied into anything. They are just being advised that they no longer have to issue fit notes for ESA reasons. The GP can still issue fit notes if they think there is a medical need for one.

    To get appeal rate ESA a claimant must get Fit Notes from their GP.

    Otherwise, JSA which in many cases is not suitable, or no income which is not suitable.

    As others have said, this stinks of the DWP trying to dissuade people of their legal right to appeal.
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    KxMx wrote: »
    To get appeal rate ESA a claimant must get Fit Notes from their GP.

    Otherwise, JSA which in many cases is not suitable, or no income which is not suitable.

    As others have said, this stinks of the DWP trying to dissuade people of their legal right to appeal.


    The letter also informs the GP that sick notes will need to be provided if the claimant appeals, it is then upto the claimant to inform their GP they are appealing.
  • john539
    john539 Posts: 16,968 Forumite
    Part of the Furniture 10,000 Posts
    Poppie68 wrote: »
    The Gp's are not being bullied into anything. They are just being advised that they no longer have to issue fit notes for ESA reasons. The GP can still issue fit notes if they think there is a medical need for one.
    Have you checked all GPs understand this ?

    GPs have enough to do without knowing all the ins & outs of the benefits system.

    Maybe you can explain the OPs post & what's going wrong.
  • flight747 wrote: »
    If the DWP are bulling GP's then surely we should take the DWP to european justice of human rights court!

    You mean the (CJEU) Court of Justice of European Union or European Court of Human Rights. This can only be possible if we sue the state, which in this case would be the government, however, suing the government would cost us money and the state is likely to succeed as money talks!
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    john539 wrote: »
    Have you checked all GPs understand this ?

    GPs have enough to do without knowing all the ins & outs of the benefits system.
    If the letter I quoted is the relevant one the GP got - it's not that hard to understand that appeals mean they can supply notes again,.
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