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

NSESA and failure to provide medical evidence/Fit Notes

Tameside MBC Welfare Rights
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Mental Health WR & Debt Advice Service, Tameside MBC

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Total Posts: 43

Joined: 17 June 2010

I have a client whose NS ESA claim has been closed due their failure to supply medical evidence (ie GP Fit Notes etc) over an 18 month period. Unfortunately the client only provided one initial Fit Note as they suffer with memory loss issues. During this period no WCA was carried out.

The MR letter states “the law states that a period of 6 weeks should be allowed from either the date your last medical certificate ended, in your case (date), or from the date a request for further medical evidence was sent, in your case (date). The law states that we should use the later of these dates, in this case (date)”. The 2008 Regs are then quoted on the letter even though the claim falls to be determined under the 2013 Regs.

I can see the Regs (both sets) are clear in that the claim can be closed if the claimant fails to return the ESA50 or fails to attend the WCA but not if they fail to send in medical evidence. I have always thought failing to supply medical evidence just affected payability, with the claim still moving forwards for a WCA.  I also cannot find anywhere that references the law quoted in the MR letter in respect of 6 weeks etc. Anyone any ideas?

Thanks,
Andy

Elliot Kent
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This is presumably in reference to reg 28 ESA Regs 2013.

Tameside MBC Welfare Rights
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Mental Health WR & Debt Advice Service, Tameside MBC

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Total Posts: 43

Joined: 17 June 2010

Thanks Elliot - there it is, Reg 28 staring me right in the face!