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

DWP treatment of fitnotes/Med 3

Nianne
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Solicitor, Stephensons Solicitors, St Helens

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Total Posts: 8

Joined: 18 June 2010

I am wondering if anyone has any ideas.

I have a client who is currently going through an ESA appeal and now waiting for a tribunal hearing date. He has handed a sicknote dated 17/06/2011 which is for 26 weeks.

However the DWP have stopped his payment by stating that his sicknote has ran out on 16/09/2011. I have queried this with the DWP and been told that this is part of their guidance and that they can only accept a sicknote for a maximum of 3 months.

I have asked for the Regulations and currently waiting for my 3rd call back. Can anyone shed any light as I cannot find it in the regulations? Am I missing something?

Any help is much appreciated
.
Thanks

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Total Posts: 3135

Joined: 16 June 2010

That only applies for the first 6 months.  See paras 12 and 13 of schedule 1 of the Social Security (Medical Evidence) Regulations 1976.

http://www.dwp.gov.uk/docs/a3-5751.pdf