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

Urgent - can anyone provide a link to legislation that supports GP refusal to back-date a Fit Note?

Liz S
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Welfare specialist and appeals officer - Herefordshire Council Welfare Rights Team

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Hello all

I would be very grateful for any and all advice - can anyone provide me with a link that supports a GP’s refusal to back-date a vulnerable client’s Fit Note on the basis it is ‘against the law’.....??

:(

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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If it is against the law, then so is the DWP’s guidance - see page 19 - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/465918/fit-note-gps-guidance.pdf

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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Elliot Kent
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Was the GP dealing with the patient for the backdated period? I can see the issue if the GP had no knowledge of the situation at the time.

Liz S
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Welfare specialist and appeals officer - Herefordshire Council Welfare Rights Team

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Elliot Kent - 14 February 2018 02:53 PM

Was the GP dealing with the patient for the backdated period? I can see the issue if the GP had no knowledge of the situation at the time.

The patient is well known to the practice -  we are informed that the practice is fully aware of the individual’s issues particularly over the last few months so their refusal to issue a back-dated Fit Note on the grounds given was completely unexpected…..

I agree that in cases where the patient is not known by the GP then such requests can be problematic but that does not appear to apply to this case.

Thanks for the links given :)