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

DWP telling GPs what to do !!!!!!!!!!!!!!!!!!!!!!

Gail Knight
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Welfare rights - Halton Council

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I have been doing this job for over 15yrs and maybe I have blinked and missed this at some point however I thought I would share with you something that really has got me reading with a open mouth in disbelief.

I have a ESA appeal where a tribunal adjourned to request medical records.

Within these medical records is a letter from DWP to clients GP the day after he has failed WCA

” Dear DR

We have today decided that your patient is capable of work from January this means you do not have to give your patient anymore medical certificates for ESA unless they appeal.”.

This really has got me a little bit hot under the collar as within the SOS submission there is a nice paragraph which states
“client has not provided any evidence of his illness to the DWP since his disallowance.  !!!!!!!!!!!!!!!!!!!!!

I am assuming this letter is common practice to GPs but it is not something that I have not been aware of,  it maybe also contributes to the difficulties we have when we a trying to source further evidence from GP.

underhand manipulation of an already difficult situation for many clients.

Have I been under a very big rock with my eyes closed all this time ?

ClairemHodgson
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Solicitor, SC Law, Harrow

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Gail Knight - 15 April 2016 10:37 AM

Have I been under a very big rock with my eyes closed all this time ?

sorry to say, but yes - i have seen many of these, and it has been the DWP’s practice for quite a while now.

I agree it undermine’s GP’s medical independence, since after all if the GP thinks the person is unfit for work on medical grounds it’s not for DWP to contradict that medical opinion.

i think what the DWP should say is that certificates don’t have to be produced for purposes of person claiming benefits, and it would be better if that is what in fact it said.  The point being that the DWP has decided that for the purposes of ESA and its tests the person is fit for work, even if the doctor might think s/he isn’t

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Yep- it has indeed been around for a fair old time and causes periodic difficulties. Most recently, assisting client with MR/appeal- client approached surgery for further med cert and was told by receptionist that they ‘weren’t allowed’ to issue any further certs. A letter from us to the surgery did the trick but it’s annoying.

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Yep. Regularly come across this scenario.

In my experience, writing to the GP and explaining the position usually helps. Except with the odd GP who insists that the DWP will write to them for evidence (as if!) therefore they will not be providing it to us.

Another common scenario is the GP who refuses to support Cl’s appeal, yet continues to write med certs.

Grunkle
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Welfare Rights Advice,Torfaen People's Centre Ltd

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Have a look at DWP’s guidance for GP’s it is included in the FAQ that a GP need not provide any further ‘sick note’ or letters once the assessment has been carried out - because if the Department thinks additional evidence or information is required they will request it.

Crops up fairly often - the Medical Council and local health boards were roped in by the DWP a few years back and did a mail shot to GP’s certainly in mid and south wales telling them it was time consuming and expensive to provide the support letters etc. and wasn’t part of the GP contract so they were free to refuse.

Grunkle
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Welfare Rights Advice,Torfaen People's Centre Ltd

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The following was apparently issued by the LMC in Sheffield

REQUESTS FOR MEDICAL EVIDENCE IN
SUPPORT OF APPEALS AGAINST BENEFIT
WITHDRAWAL/REFUSAL
Guidance for Sheffield GPs
Provision of medical evidence to support appeals against benefit withdrawal / refusal is not
part of the NHS.
GPs, as certified medical practitioners, have a statutory obligation to provide statements of
incapacity to patients on their list (Fit Notes / Med3) and certain information to a healthcare
professional working for Atos Healthcare on behalf of the Department for Work and Pensions
(DWP) when requested (ESA113). However, under their NHS contract there is no
requirement for GPs to provide reports or offer an opinion on incapacity for work to anyone
else, including the patient, unless requested to do so by Jobcentre Plus.
GPs are under no obligation to provide reports to their patients or personnel such as Citizens
Advice Bureau staff to support claims or appeals, or to provide it free of charge. Sheffield
LMC has made it quite clear to representatives of advice centres that they should not involve
GPs in this process. Practices would be advised to make it clear, when adopting this stance,
that the refusal to provide medical evidence should not be taken as having any bearing on the
case in question.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Quote from recent letter from the ‘secretariat of the local medical committee for Berks, Bucks & Oxon, a copy of which was sent to us by a local surgery following a request for supporting info for a client’s appeal:

‘The job of GPs is to provide medical care to patients and they are not in a position to administer, nor to police, the benefits system. If is not appropriate for GPs to be asked for letter of support or letters to confirm care needs….Time taken up with paperwork is time taken away from direct patient care….There are contractual and agreed methods for GPs to provide medical information to the DWP, Local Authorities and other agencies. These are sent to the GP practice and GPs respond directly to such requests for information. Therefore your GP cannot respond to your request for a letter.’

So in other words, bog off….

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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From the BMA website.

http://www.bma.org.uk/support-at-work/pay-fees-allowances/fees/fee-finder/fee-finder-benefits-and-work-for-atos

“NHS GPs are under no obligation to provide such evidence to their patients or to provide it free of charge. If a GP does not agree to provide additional evidence for their patient then it is a private matter to be resolved between the GP and their patient”.

Note, the BMA makes it perfectly clear that the provision of reports to patients for appeals is a purely private matter between GP’s and their patients.  Thus the DWP should stop trying to influence and manipulate doctors into sitting on the sidelines when patients need their support against a huge, well resourced government department.

efloyd
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Financial & social inclusion officer - Isos Housing, Newcastle

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I saw this thread yesterday and have coincidentally just had a phone call with a client - where GP has refused med cert on basis DWP have told him patient is fit for work and therefore doesn’t need a med cert…..