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GP refusal of backdated med cert for ESA
Just a quick one - local GP has refused to provide a 3 month backdated medical certificate because “it was against the law”. The client is 20 years old and has been a patient for 10+ years in and out of hospital with arthritis and Downs Syndrome related problems.
I’ve spoken to the practice manager who said they don’t ever do backdated med certs so faxed over the DWP guidance for healthcare professionals. This is going to be discussed at a team meeting…
In the meantime the client is fortunately being paid ESA as she has a current med cert but could really do with 3 months of ESA.
Is there anything else I can use/complain to if the GP surgery continues to refuse?
Many thanks
“When can I backdate a Statement of Fitness for Work?
A Statement of Fitness for Work (Med 3) can only be issued for a backdated period when it is based on a previous assessment.
An assessment is defined as the date you either had a face-to-face consultation, a telephone consultation or considered a report from another doctor or registered healthcare professional. You can issue a Statement on or after this date, but not before.
We recognise that there are some situations where your patient may ask for medical evidence to cover a backdated period for which there has not been a previous assessment – for example, if your patient has not been appropriately issued with a Med 3 on discharge from hospital or at a previous consultation with another GP.
In these situations, you cannot issue a Med 3 for the back dated period. However, in order to be helpful to your patient you may wish to, either in the comments box of the Statement or in a separate letter, provide advice that the patient was not fit for work for an earlier period. You should ensure you have the appropriate information and evidence to justify this advice – generally this will be via a report or patient record. Employers and DWP can accept this advice as strong evidence of fitness for work for social security and Statutory Sick Pay purposes.
This is what I sent to the GP…they will be making a decision next week at a team meeting. Just wanting to know what I could do if they don’t accept the guidance…
A person can be paid Esa prior to a work capability assessment if they provide “evidence of limited capability for work in accordance with the Medical Evidence Regulations” [Reg 30(2)(a) Esa regs].
Reg 2(1) Social Security (Medical Evidence) Regulations 1976 sets out the requirement to provide a statement by a doctor in the normal format.
However reg 2(1A) provides an alternative. “Where it would be unreasonable to require a person to provide a statement in accordance with paragraph (1)...that person shall provide such other evidence as may be sufficient to show that they are incapable of work or have limited capability for work so that they should refrain .....from work by reason of some specific disease or bodily or mental disability”.
Might it be possible to argue that hospital clinic letters suffice as evidence for this purpose.
It could also be argued that it would be unreasonable to expect a person to provide the normal medical certificate when the GP surgery has the [mistaken] belief that backdated medical certificates can never be issued.
I’ve asked for clinic letters so hopefully someone within the DWP will accept these if the GP doesn’t change their mind.
Thanks everyone!
I’m having difficulty with this. HAs anyone managed to get DWP to accept anything other than med certs for a period where GP feels unable to issue a medcert backdated by more than 3 months ?
I’m having difficulty with this. HAs anyone managed to get DWP to accept anything other than med certs for a period where GP feels unable to issue a medcert backdated by more than 3 months ?
Adviser3 in this thread: http://www.rightsnet.org.uk/forums/viewthread/10184/