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GP says not allowed by law to issue sick note for ESA
Has anyone come across this one?
Client’s GP is refusing to give her a sick note, for a WCA appeal, on the grounds that they are ‘no longer allowed’ to do so!!! Head of practice will not listen, and DWP will not help, and will stop benefit shortly if there is no new note.
I suspect confusion on the part of the GP which we can deal with - but any other ideas for quick action would be welome.
You could try showing the GP this:
thanks to andyp for spotting this one .....
‘GPs in south east Wales have been told to stop writing letters for patients appealing against decisions to stop benefit payments because it is an “abuse of resources”.’
http://www.bbc.co.uk/news/uk-wales-south-east-wales-23353623
My case - phew - turned out to be a misunderstanding, but this is worrying indeed.
Hi I had a client this week come in citing the same problem; GP surgery refusing to issue a sick note based on a supposedly generic letter issued by the DWP. The letter does specify, however, that a sick note can be issued whereby a claimant is appealing ESA or they condition worsens or they have a new condition.
GP’s seem to ignore the majority of the letter and only take notice of the line which says “This means you do not have to give your patient any more medical certificates for ESA purposes…”
When this happens I usually write to GP explaining the right to issue a certificate is discretionary and no body/organisation can force a GP not to issue a certificate. Then an explanation as to why a sick note would be appropriate followed by a comment like; if you still wish to refuse please cite your reasons.
Generally this will result in a certificate being issued.
If not, you could send a further letter seeking clarification as to which legislation/guidance they seek to refuse a sick note, possibly with a gentle threat towards public law proceedings.
Generally a long term sick client will be issued with a sick note.
This was a common occurence when ESA was first rolled out but I guess the problem will continue as long as the DWP send these letters.