ESA suspended, GP won't write fit note.

lunaloomer

Hello,

My ESA has been suspended since 29th October because none of the GPs at my practice will write me a fit note (I have tried three times to date). I've had severe depression and anxiety since I was 17 (due to emotional abuse that I still have to deal with daily), I can barely get out of bed most days and the whole situation has caused my illnesses to be ten times worse and I've been feeling suicidal.

The reason they have given is that because I'm self employed (I recently set up a tiny Etsy store selling vintage clothes) it would be unethical and they would get into trouble. I am sure that this is not the case at all - being self employed and on ESA is completely allowed if below 16 hours per week and I called the benefits helpline to confirm this.

I am really in a desperate situation and doing all I can to get myself better and on my feet. They must think I'm a benefits cheat / scrounger, I'm honestly not sure how I'm expected to live on nothing. I've had no money at all the past month and the store is not something I can realistically rely on.

Should I complain to the practice manager or register at a new practice? It is a complicated situation and I'm finding it difficult to explain it all properly but I am absolutely adamant to sort it out.

McKneff

Are the doctors actually treating you.


I noticed at one time it says in your post 'get my self better' but don't know if you mean this literally.


My husband was self employed and claimed IB (formerly ESA) but he did pay 2 lots of NI stamps
I don't know if this is what the difference is.


Do you pay nay NI contrubutions.

pmlindyloo

One way to approach this is to ask your doctor if he felt able to tick ''may be fit for work if,,,,,,,,'' and then he could put ''if work was home based.........''/whatever fits your disabilities.

See here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349909/fitnote-gps-guidance-jan-14.pdf

The DWP is able to accept both 'not fit for work' and 'may be fit for work' for ESA purposes.

Poppie68

Speaking to the practice manager shouldn't make a difference as the GP is the person to make the decision. Maybe though the GP doesn't fully understand the situation with regards to issuing fit notes, ESA and self employed. I don't either but as the practice manager will have more time to sit with you and look into the issue asking for a meeting may be a good idea. Changing practices may also complicate the issue further.

lunaloomer

McKneff wrote: »

Are the doctors actually treating you.


I noticed at one time it says in your post 'get my self better' but don't know if you mean this literally.


My husband was self employed and claimed IB (formerly ESA) but he did pay 2 lots of NI stamps
I don't know if this is what the difference is.


Do you pay nay NI contrubutions.

They have referred me to a local mental health team and I have an appointment with a psychiatrist next month. I just meant that with money coming in I'll be able to look after myself better by buying myself food etc.

I sent the HMRC self employment form just a few days ago and I did choose to pay NI contributions so that I could keep my ESA.

TELLIT01

Being self-employed certainly doesn't stop you claiming ESA. It's certainly not unethical for a GP to issue a medical certificate (Fit note) to somebody who is self-employed. I really don't understand what is going on.

epitome

Is the DWP aware that you are self employed?
Are you currently doing any work in relation to your Self Employment?
How many hours a week do you work?
Is it because you are currently working as self employed that the Doctors don't want to give you a sicknote saying "unable to work"?

The sicknote has 2 options for the GP to tick

• Unable to work
• May be able to work

You can see the logic that the doctors are using, if I have assumed correctly why they are not issuing sicknotes, If you are working how can they give a sicknote saying "unable to work"

So tell the doctors that ESA will accept a sicknote that ticks the box "May be able to work" and then to list some adjustments in the work place or types of work you can't do, for example:
"Unable to leave the home, cannot work outside home"
"Cannot work for a large employer, busy stressful office environment."

lunaloomer

I've called the Practice Manager and she said she would be unable to help as "it's the GPs decision" to not supply me with a fit note. I really can't say anything more to them that will convince them and I'm sick of all this messing about. I'm terrified to go there again. Think I will have to take this to the NHS complaints Board.

tomtontom

There is little point in complaining - as the practice manager has explained, this is a matter of clinical judgement and an external body cannot override such a decision. Have you discussed with the GP the different things they can put on a fit note, as described above?

Ultimately, if they believe you are fit for work then that is their clinical opinion. You are free to seek an alternative opinion if you wish to.

dippy3103

So are the Doctors saying you are fit for work?

The whole point of fit notes instead of sick notes is so that it can specify what you can do instead of just that you are unfit to work.

For example after a recent injury my GP signed me back to work as office based duties only- on the basis that i would struggle with home visits if a situation became aggressive & I needed to get away

rogerblack

pointing them to the following may be useful.
this is a DWP publication for GPs.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349909/fitnote-gps-guidance-jan-14.pdf

Page 8 - 'deciding between ticking may be fit for work or not fit for work'

And also case study 4 - on page 17 - a delivery driver that can't drive (but is fit for most else).

https://www.gov.uk/employment-support-allowance/eligibility

Claiming ESA if you work

Usually your ESA isn’t affected if you:

• work and earn up to £20 a week
• work and earn up to £101 a week doing work as part of a treatment programme, or supervised by someone from a local council or voluntary organisation
• work less than 16 hours a week, and earn up to £101 a week for up to 52 weeks

This is called ‘permitted work’.