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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Med cert maximum 3 months?

MaggieB
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Dorchester CAB

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Have client, long term IB, migrated to ESA, nil points.  Appealed decision.  Saw partner today who said she had spoken to DWP about med certs and they told her they would not accept 6 month med cert, 1 month minimum and 3 month max only
Not come across this before, I am sure I have sent 6 month certs before. Nothing I can find in usual sources, colleague found GP’s guide which says only 3 month cert to be issued for “new” conditions but that is not the case here.  The fact that it has taken 7 months so far to get to Tribunal is neither here nor there!
Any comments appreciated, thanks

[ Edited: 23 Mar 2015 at 09:06 pm by MaggieB ]
Mick Quinn
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Welfare rights officer - Northumberland County Council

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Tom H
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Newcastle Welfare Rights Service

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The rule about the first two sick notes having to be no more than 3 months each can be waived if it wouldn’t be reasonable.  Is it reasonable in the present case for someone who’s perhaps been on the sick for years to have to get two 3 monthly sick notes before being able to get an indefinite one?  The DWP would no doubt point to the fact that the tests of incapacity for work and limited capability for work are different and it is, therefore, reasonable for migration claimants appealing the conversion decision to be treated the same as new ESA claimants. 

It’s how you’d challenge that decision if you disagreed with it that’s also a problem.  If a DM refused to accpet a sick note longer than 3 months then, technically, the claimant would not satisfy Reg 30(2)(a) ESA Regs and, therefore, could be denied payment of ESA whilst waiting for the tribunal.  That decision being a Reg 30 determination only, is arguably not appealable in its own right.

MaggieB
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Dorchester CAB

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Thanks Mick very useful threads

I agree Tom it’s always difficult to challenge these kind of things if ultimately DWP could stop ESA and we’re left picking up the pieces.  We’re fairly near a hearing now so I’m not going to take any action on this one but might be useful in future