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

Doctor Refusing to Provide Med Cert due to DWP Letter

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

Hi all

I seem to remember an earlier thread on this - can anyone point me in the right direction or give me some clues how to proceed?

Situation is - client failed WCA in January and appealed - still waiting. On ESA pending appeal. Went to get her most recent med cert and GP told her that this would be her last due to a letter they had received from DWP in January stating that the GP should not issue further sick notes.

Apart from the obvious fact of why has the GP continued to give sick notes when the letter from the DWP came in January, I presume the letter was sent because the client failed the WCA - however, as we all know client needs to keep submitting sick notes until appeal.

Should I just write to the GP?

Many thanks

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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Joined: 16 June 2010

The earlier thread:
http://www.rightsnet.org.uk/forums/viewthread/709/

It’s hilarious, but not in a funny way.

1)  DWP send ESA65B to the GP saying s/he doesn’t have to issue med certs (note, this is not mandatory)

2)  Claimant appeals

3)  DWP acknowledge appeal and…. advise in the same letter that med certs should still be provided

4)  Oddly enough, the DWP conveniently fail to write again to the GP advising of the appeal and the advice given to the clmt.

As an aside, I am wondering about the legal basis on which the DWP can advise a GP that med certs are no longer required. 

My advice is to complain all the way around.  DWP; GP surgery; PCT.  Copy in local Councillor and MP.