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

Surgeries only issuing ‘fit notes’ electronically - problems with ESA etc

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Total Posts: 1659

Joined: 18 June 2010

We have recently been contacted by claimants and surgeries re the issuing of electronic fit notes only (including ones which are not signed by GP) during the pandemic.

We have been unable to find any amendment to the Medical Evidence regs or guidance to GPs that states they are not required to issue a paper fit note or to sign them during the pandemic.

Have we missed any changes?

This is now causing issues, particularly with ESA, as claimant either cannot receive / send electronically or DWP refuse to accept an unsigned version.

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Total Posts: 1659

Joined: 18 June 2010

Local MP had also received enquiries about this issue. Have now received a copy of response to MP from House of Commons library (confirming no change to Medical Evidence Regs or DWP guidance to GPs) and also a copy of response from the local Community Commissioning Group (ref to BMA guidance). Helpfully the HoCL includes the following info:

“The BMA and the DWP (Department of Work and Pensions) have agreed that until further notice, fit notes may be issued remotely and sent to patients electronically. A properly signed and scanned fit note sent via email to the patient will be regarded as ‘other evidence’ and will be accepted by DWP for benefit purposes.”

The responses highlight the discrepancy in the advice from BMA which could be read as stating that GPs can/should issue ‘fit notes’ to patients electronically only during the pandemic (without any reference to the fact DWP cannot receive anything electronically from claimants even if they have the technology to receive them from GP in the 1st place).

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Scanned Fit Note is one thing. Anecdotally I have heard of a surgery issuing them by text and I don’t see what a client can do with that (although I suppose it’s possible that the client who told me that was not sufficiently digitally literate to distinguish a text and a scanned attachment).