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

Rubbish Fit Note!

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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GP ticked the box for ‘May be able to work with the following adjustments…’, scored out all the adjustments and put ‘No restrictions’ in the comments box. Where do I go with that??? Client has learning disabilities and is in a care home. Staff say she’s not fit for work.

ClairemHodgson
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presumably claimant has an appoitee for benefits purposes and (if she’s no capacity) someone looking out for her other needs also

i think i’d be inclined to have the appointee write to the GP asking what s/he meant, given the person’s health conditions.

of course, s/he may have meant that physically nothing to prevent them working; learning disablity doesn’t really fit into the parameters of a sick or fit note, i wouldn’t have thought…

unhindered by talent
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She doesn’t have an appoointee - something i’ve raised with her social worker. The care home staff are going to speak to the GP so fingers crossed!

Peter Turville
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I am assuming the GP ticked the “you may be fit for work ... ” box rather than “you are not fit for work ......”?

The box “if available, and with your employers agreement ....” is not relevant for benefit purposes - its just advice to an employer (i.e. part of the change to ‘fit notes’ spin). The problem for your client is if the GP did not tick the “you are not fit for work” box.

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Yes he ticked ‘you may be fit for work’, scored everthing out under that and put ‘No restrictions’ in the Comments box

stevenmcavoy
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i tend to find that my clients (i work for a charity that supports people who have a learning disability) dont see their GP unless they have another condition so it may just be that the GP doesnt know that much about this person and after a brief glance at the lack of notes has assumed no major issues.

i next to never get issues with med certs for my client group and even smi forms for council tax dont tend to get refused.

ClairemHodgson
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and of course quite a few learning disabled people do in fact hold down jobs.  granted, not those in care homes usually ...

unhindered by talent
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stevenmcavoy - 23 May 2019 11:03 AM

i tend to find that my clients (i work for a charity that supports people who have a learning disability) dont see their GP unless they have another condition so it may just be that the GP doesnt know that much about this person and after a brief glance at the lack of notes has assumed no major issues.

i next to never get issues with med certs for my client group and even smi forms for council tax dont tend to get refused.

Likewise, I think the client is new to this GP and i’m hoping staff will be able to explain her limitations,

 

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Oho! As if by magic - a letter in the journal just now assessing the client as having LCWRA so no fit note needed!