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GP Won't backdate sick note for ESA

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  • local health authorities sent out reminders to GP's a while back stating that backdating fit notes is fraudulant and malpractice, so they should not and some will not backdate, although GP's try and use some discretion if its within a day or two but in the eyes of the LHB's this a no no.

    Backdating of fit notes is allowed.

    The issues occur when you either haven't seen a GP for a while or see a locum. The guidance for locums was tightened so they can't (they were very reluctant before this) now under any circumstances. For a GP at your practice it's a little bit more hazy as it depends on how they've interpreted things and on how much information is in your patient records to support the backdate. GP's operate as a representative of the practice. This means any GP at the practice can issue you a fit note as long as the information is there in your patient record.

    Some very sensible rules to follow if you have a DWP assessment are

    1, always go and see a GP at your practice before it;
    a, to update them and give a current reference point and
    b, to warn them what is about to happen and that you might need a fit note from the date of this assessment.

    2, if you need a backdated and your regular GP is not there ensure that you are seeing a practice GP and not a locum

    3, any issues talk to the practice manager explaining the DWP guidance bellow.

    From the DWP 29 page Fitnote guidance https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/183249/fitnote-gps-guidance.pdf
    Can I back-date a fit note?

    Yes - in certain situations, parts of the fit note may need to include dates which are earlier than the date of the statement.

    If you are issuing a fit note based on an assessment conducted at an earlier date, you should enter the date of this earlier assessment in the date of assessment field.

    If your patient’s condition has affected their function for some time without a previous fit note being issued, you must enter an estimated date that their function was affected from in the this will be the case from field.

    GP are allowed to go on holiday and do get sick too. Plus it is not always practical or possible to book quick notice appointments for many people who are ill. Nor is it always possible with these emergency/same day appointments to get to see your GP of choice. Which is why the guidance states what it does and also why there's a bit of leeway in them.
  • SoulMan
    SoulMan Posts: 5 Forumite
    although, Decision makers can give you some leeway if you write a cover saying you could not get an appropriate appointment within your last fit note and that day it was given was the earliest given appointment. that way you shift the blame onto the surgery wich is beyond your control and see what the DM makes of it.

    it shouldnt affect your appeal, just make sure you keep the apeals process and esa (reduced rate) running by contacting ESA and giving them a heads up about your fit note situation prefurable youd want a ring back by the local benefit center that deals with your claim to explain to them getting thorugh to the call center is just blx waste of time so just ask them to email your local department to call you back.

    Thank you, i have read somewhere that you can self certify for 7 days in this applicable to ESA or is this just for employes? The decision letter arrived 4 days after the date on the letter for a start so if you can't get back dated sick notes how on earth does this work unless you get the letter the same day?
  • KxMx
    KxMx Posts: 11,119 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 August 2013 at 2:37PM
    When I was notified of my failed transfer from IB to ESA I had some leeway. They paid my last IB payment which was owing (and another was received the week of that letter) so the decision was I did not qualify for anything from 23rd July. I got the letter on the 1st July so immediately rang my GP who issued a sick note that day. So I had no break in payments.
    My understanding is that sometimes people get this leeway and sometimes they don't.
    I got a letter saying I failed the WCA and a ESA65 (decision makers list of justifications) in the same envelope. One stated my last IB payment would be paid 22nd July and one stated as of 23rd July I will not be entitled to anything.
    What dates are on your letter(s)?
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