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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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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

     
Andyp4
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Welfare Benefits Advisor, South Somerset District Council, Yeovil

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We’re coming across this problem too, apart from the obvious i.e. negotiating with the GP and raising their awareness to see if they will issue med certs.

The only thing is if you have some alternative med evid (e.g. consultant’s feedback letters to GP’s, CMHT assessments etc etc) suggesting client has LCW and negotiate via customer services with the relevant section (easier said than done because some BDC’s are not au fait) for them to use their discretion under reg 2 med evid regs 1976 as amended by the 2010 amendments.

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

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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.