Backdated fit note - ESA

First things first.

I've been in a battle with ESA for over a year, they closed my claim several months ago and I've had to fight hard for them to finally put the claim in my favour (tribunal). They have now re-opened my claim and I'm eligible for back payments from April 2018 until the current date.

They're obviously requesting a fit note from April 2018 until March 2019, otherwise they can't pay me anything at all, which I accept. However, the biggest issue here is, my previous doctors that I had been seeing for my entire life have now all retired (November 2018) and the new doctors I have only seen a couple of times.

I have written to the doctors to explain why I need a backdated note of a year but from my first experiences with them, I can't imagine they will do this for me.

I owe a lot of rent due to the previous ESA problem. I had no income for nearly an entire year. The money I would receive from the back payment would literally pay off the owed amount. It's causing me a considerable amount of stress and adding to the reason I can't work atm.

Has anybody else been through this experience and is there any other options I can take IF my doctor will not backdate the note for me?

Comments

  • TELLIT01
    TELLIT01 Posts: 17,812 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    If you were previously in either the WRAG or Support Group, and that claim is being reopened, there shouldn't be any requirement for a sick note because it is a continuation of a previous claim. If your claim was disallowed at the assessment stage I think you will need to get medical evidence from your GP. It probably won't be in the form of a 'Fit Note', more likely to be a letter from the GP stating your medical situation during that period.
  • huckster
    huckster Posts: 5,185 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As Doctors are normally only allowed to backdate a month, as far as I know, you will have to book an appointment, where you can take in all of your documents from ESA, Tribunal etc.

    I think you are supposed to have been seeing a Doctors during the ESA appeals process and obtaining fit notes, so that when/if a Tribunal found in your favour you could be paid the relevant amounts.

    If you have not seen Doctors for months, they might feel that they are unable to offer any professional opinion about fitness to work.

    In the absence of seeing Doctors for a period, do you have any evidence you can show them concerning fitness to work ?
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • titchyyyy
    titchyyyy Posts: 22 Forumite
    I signed up to ESA during April 2018 due to Agoraphobia - I literally couldn't get down the street without having severe anxiety attacks. I was given an appointment by ESA to assess my health but I told them due to my health I couldn't attend. They failed to tell me that they could arrange a home visit for me until it was too late and they had closed my claim.

    During this time, my previous doctors literally retired in the same month and it's taken months to get the new doctors to do anything for me as they've had to assess me.

    I've seen the new doctors a couple of times in the last 3-4 months but unfortunately most of the dates that I require from the past would have been from my previous doctor.

    I've phoned up the DWP and they've basically told me that ONLY a fit note would suffice and they won't be willing to pay me without one.
  • MovingForwards
    MovingForwards Posts: 17,138 Forumite
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    Your new Dr will have your old Dr records so they can build up a history of your health for the DWP from it.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • titchyyyy
    titchyyyy Posts: 22 Forumite
    Thank you all, I'll take the advice going forward! I'm not willing to let them say no to me regardless. I've fought against the DWP for so long, I'm willing to do the same against the doctors if needed be.
  • sportsarb
    sportsarb Posts: 1,069 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Is it the same surgery, but new doctors, or is it a completely new surgery?
  • titchyyyy
    titchyyyy Posts: 22 Forumite
    Same surgery, new doctors.

    I was told to put in writing and explain my situation to them. They took 3 days to read it and they dismissed it completely and said the medical records don't even qualify me for a medical certificate at ALL, never mind backdating for a year.

    This has genuinely !!!!ed me off. I've been on different forms of anxiety tablets for the last 13 years. At some points in the past, I've had to get phone consultations as I mentally haven't been able to get to the doctors at all. The fact that my new doctors don't believe me has literally got me fuming and causing unbelievable amounts of anxiety. I won't sleep at all tonight.

    I'm going to phone up for a phone consultation in the morning and speak to the doctor directly but at this point, I feel like they won't backdate me at all.

    Does anybody have any other experiences or advice I can take forward with this? I'm willing to move to the doctor surgery next door if possible as the new doctors have been nothing but terrible so far.
  • TELLIT01
    TELLIT01 Posts: 17,812 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    Moving to a new GP practice will not help, in fact it may make the position worse. A new practice definitely won't be able to issue a backdated cert as they won't have direct knowledge of your medical history.
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