ESA - Med Cert Problem

mejjo203

Hi everyone,

My recent sick note expired 30th October, I got another from my GP dating from 30th for 8 weeks, I sent this recorded. I was due an ESA payment yesterday ( 12th ) But it never went in the bank as ESA say they haven't got the sick note,

They have chased it up as they say its passed 7 working days since i posted it but cannot find it, they suggested getting another from my GP, I called my GP and the receptionists said the doctor will do it for a £15 charge, i don't have £15 i explained to them, i explained i was due an ESA payment yesterday and don't have the fee for it.

I then called ESA back and the agent was very helpful, He had said we have now got your Tribunal award on the system from November 6th and he will email across to the benefit center to see if they can process an assessment rate payment on the basis i won my ESA Tribunal Appeal,

I'm worried as they are due to call me back by noon tomorrow and i'm worried they will say we can't issue the payment on the basis you won your appeal as i have found out the DWP can still request a statement of reasons and appeal it to upper tribunal.

I have no idea what to do, i can't get another sick note as i don't have the £15, The payment won't be released without medical evidence, it seems i can only hope they award the payment on the basis they have now received my Tribunal award and that i won.

richard9991

I Have never heard of a GP charging for a med 3 (fit note). Im quite sure they are not allowed to are you sure it was not a private note the Receptionist was refering too.

Also it is very rare for DWP to appeal an award to upper tribunal. Infact I think they can only do this on a point of Law

mejjo203

They are saying the £15 is there because I am requesting a duplicate as the first one went missing, they were quite harsh on the phone to me and said if you don't want it we will just bin it.

nannytone_2

if tou sent it recorded then you have proof. have you checked that it was signed for?

epitome

notsoold wrote: »

My GP also charges for a duplicate MED3 - £20. I had one go missing for my ESA claim a few years back. Unfortunately I didn't send it by recorded delivery because the JC told me that I would be wasting my money as it means nothing to them.

It's because they think it means nothing that you should send it recorded and complain to the Information Commissioners Office if they don't find it pretty sharpish.

Blackpool_Saver

Shocking how they lose things :-( and I feel sorry for call center staff as they get all the flack for what goes on at Wolverhampton

sheeps68

I plan on keeping a scanned copy every time.

epitome

mejjo203 wrote: »

Hi everyone,

My recent sick note expired 30th October, I got another from my GP dating from 30th for 8 weeks, I sent this recorded. I was due an ESA payment yesterday ( 12th ) But it never went in the bank as ESA say they haven't got the sick note, .

Have you checked royal Mail to see if it was delivered? What date was it delivered?
https://www.royalmail.com/track-your-item

When did you send it? Was it sent on 30/10/2014 ?
You understand if sent on the 30th October it would be expected to arrive on Tuesday 11th, so it's not that late and might be there when you call back tomorrow.

What you can do...

• Phone your doctor, ask the receptionist to expect a call from the DWP to confirm your sicknote details
• Phone ESA give them the tracking number, ask them to get you a call back from the Benefit Centre, with the request that the BC phones your doctor to confirm the sicknote before they call you. They should do this, on the grounds that you can prove your letter has been received and it should not take this long to be processed.

When they call you back -if you want to- you can also tell them to find your documents, because if they don't find them you will put in a complaint that your documents have been lost by DWP, and that is a breach of the Data Protection Act. You might want to wait until after they have called your doctor and confirmed the note and promised you a same day payment, before you kick up a fuss about them losing your documents. Of course if they refuse or fail to call your doctor and still say they cannot find it, then you make an official complaint to that person (take their name and office location) and ask for a manager to call you back to confirm the complaint has been taken and is being actioned, take the managers name also. and that you want a written response to your complaint and ask how long you should wait before the response should arrive. And make it clear that if they do not find your documents you will be complaining to the Information Commissioners Office.


Regarding your Appeal win, you should have an appeal letter, if it says you won because of Reg 29 or Reg 35, that is generally the only thing that will mean the DWP would ask the court for a statement of reasons.

If they call you back and pay you on the basis of your appeal win, you can then decide whether to still pursue the DWP for losing your document............ I WOULD.

epitome

sheeps68 wrote: »

I plan on keeping a scanned copy every time.

It will be of no use unless the jobcentre stamps the copy as verified.

epitome

richard9991 wrote: »

Also it is very rare for DWP to appeal an award to upper tribunal. Infact I think they can only do this on a point of Law

Asking for a statement of reasons, does not mean they will take it to Upper Tribunal. If the win is on Reg 29 or Reg 35 the DWP will always ask for a statement of reasons from the court, and during the delay that this causes the claimant has to continue to provide sick notes.

mejjo203

Thank you for your replies,
I will wait for the phone call tomorrow and take everything from there, the med cert may well arrive otherwise i will take action in regards to the missing document.

In regards to my Tribunal it seems i'll be in for another delay as my Tribunal award letter states the following:

1. The appeal is allowed
2. The decision made by the Secretary of State on 10/04/2014 is set aside.
3. Mr ***** is entitled to Employment and Support allowance with support componant.
4. In applying the the work capability assessment 27 points were scored from the following activites and descriptors on schedule 2 of the ESA Regulations 2008 made up as follows,

It then has what points i scored and what in, and then on the back it says the following.

No descriptor from schedule 3 of the ESA Regulations 2008 was satisfied but regulation 35 of the ESA regulations applied.

So it seems they will be delaying it further by asking for a statement of reasons as reg 35 applied?