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fit notes
Client claimed ESA refused as he did not attend medical, re-claimed failed WCA, waiting on appeal but has no fit note to cover the months prior to a new claim being submitted. No ESA in payment pending appeal.
GP has issued note going back 3 months - there is still a gap of some 5 months before this which ESA say needs to be covered by drs note but which GP says he cannot go back further.
Any ideas re persauding GP to issue further backdated sicknote ( I have already written to him)?
Thanks in advance
Toby
When did the doctor first see him? A GP can only issue a fit note bassed on his own or some other recorded medical evidence (eg another doctor in the practice, hospital doctor), and during the first six months of a claim it can certainly only be issued for a future period for 3 months.
At the end of 2010,
Toby
From the following, and bearing in mind the 3 month rule for an “initial” fit note, it’s not clear (to me anyway) if the GP is correct or not.
http://www.dwp.gov.uk/healthcare-professional/frequently-asked-questions/
Q: When can I backdate a Statement of Fitness for Work?
A: A Statement of Fitness for Work (Med 3) can only be issued for a backdated period when it is based on a previous assessment.
An assessment is defined as the date you either had a face-to-face consultation, a telephone consultation or considered a report from another doctor or registered healthcare professional. You can issue a Statement on or after this date, but not before.
We recognise that there are some situations where your patient may ask for medical evidence to cover a backdated period for which there has not been a previous assessment. For example if your patient has not been appropriately issued with a Med 3 on discharge from hospital or at a previous consultation with another GP.
In these situations, you cannot issue a Med 3 for the back dated period. However, in order to be helpful to your patient you may wish to, either in the comments box of the Statement or in a separate letter, provide advice that the patient was not fit for work for an earlier period. You should ensure you have the appropriate information and evidence to justify this advice – generally this will be via a report or patient record. Employers and DWP can accept this advice as strong evidence of fitness for work for social security and Statutory Sick Pay purposes.
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If it is too late for the GP to amend the Med 3, or if s/he feels barred from issuing an earlier one, it may help that one is not absolutely required. If the GP is prepared to write a separate letter, then as long as it “would be unreasonable to require a person to provide a [certificate,] that person shall provide such other evidence as may be sufficient”. ( Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010)