Fit for Work Notes

I would really apprecaite people’s thoughts on this. client has come to bureau as her GP has issued her a fit note which states she could do some work with support. The GP is not a particularly understanding local GP, he has told her she will only get one more sick note from him then she needs to return to work.

Unfortunately the GP is a senior partner and we have had some success in getting his partners to provide sick notes where needed (the problem has previously only arisen with appeal cases). This client has made a new claim for ESA and is within the assessment period, her health problems are depression and anxiety. The GP is not one who is sympathetic towards people with mental health problems.

The question is does the client submit the sick note which says she would be able to do some work with support or does she try to get a note from a different doctor? If she submits this sick note will she instantly be declared fit for work and have to claim JSA?

When the “fit note” came in there was a consultation, which stated:

45. The Government intends that individuals with health conditions who require the support of the benefit system to return to work will not be disadvantaged by the proposed changes. Therefore, for the purposes of a claim for Employment and Support Allowance, a statement issued by a doctor assessing an individual as “may be fit for some work now” will be taken as evidence of limited capability for work for the purposes of the assessment period.

Craven is right-

The note is sufficient to satisfy the provision (in Reg 30 ESA Regs) that a person who is claiming ESA and has not yet been assessed will be treated as having LCW until assessed if they have a medical certificate (ie it is such a certificate).

Clearly the DWP may use what the Doctor said as evidence of how she could score under the LCW when applied but it does not allow them to simply say she fails the test.

So really calling it a fit note etc. is more for propaganda value than having any legal consequences.

See the “Fit up?” article from the welfare rights bulletin here:

http://www.cpag.org.uk/content/fit

Thanks folks I knew you’d save me. It’s the first fit note I’ve had where the Doc has said someone is capable of some work. Most of our GPs just tick the box where they don’t need to put anything else.

I actually think that sometimes when a GP is reluctant to give a sick note, being able to point out that s/he can advise a return to work with assistance etc means they are more forthcoming.

“I’m not asking you to say your patient can’t work- just that they would need some support/adaptations in order to work”