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Procedure re DWP & GP on ESA Assessment Outcome
- ROM
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7 years 10 months ago #191345 by ROM
Procedure re DWP & GP on ESA Assessment Outcome was created by ROM
I would like to know whether it is the standard practise for the DWP to send letters to GPs of patients who have undergone an ESA assessment to write to their GP's telling GPs not to issue any further fit certificates to the patient concerned unless it is for a different condition other than the condition that the GP had been previously providing fit certificates for. Which was been done in my case & which does not seem to be right particularly in view of serious acts committed by the GP against me. It transpired that this letter was sent to the GP on or around the same time that I received the outcome of ESA assessment.
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- Gordon
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7 years 10 months ago - 7 years 10 months ago #191352 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Procedure re DWP & GP on ESA Assessment Outcome
S
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It's not standard practice, DWP statistics (somewhat old now) show that they only contact the GP in about 25% of occasions.
Did you provide your GP as a contact on the ESA50, it would be unusual for the DWP to contact anybody that you had not nominated, not least because they would not have any contact information for them.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Did you provide your GP as a contact on the ESA50, it would be unusual for the DWP to contact anybody that you had not nominated, not least because they would not have any contact information for them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 10 months ago by Gordon.
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- cdcdi1911
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7 years 10 months ago #191364 by cdcdi1911
Replied by cdcdi1911 on topic Procedure re DWP & GP on ESA Assessment Outcome
Hi S,
I understand that the DWP sometimes do this when a claimant fails the Work Capability Assessment. I don't think it is legally binding on GPs and in my view it is wrong, because the claimant has the right of appeal, and to continue claiming for the same condition while the appeal is pending. It is only if the appeal fails that a claimant may need to have a new or worsened condition to reapply for ESA.
Good luck,
Derek
I understand that the DWP sometimes do this when a claimant fails the Work Capability Assessment. I don't think it is legally binding on GPs and in my view it is wrong, because the claimant has the right of appeal, and to continue claiming for the same condition while the appeal is pending. It is only if the appeal fails that a claimant may need to have a new or worsened condition to reapply for ESA.
Good luck,
Derek
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- Gordon
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7 years 10 months ago #191372 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Procedure re DWP & GP on ESA Assessment Outcome
S
Derek is correct. Sorry I misread your post about what the letter was about.
It's standard for the DWP to do this when they have details of the claimants GP. The letter actually says that if the claimant goes on to challenge the Decision then they can continue to issue Fit Notes.
Gordon
Derek is correct. Sorry I misread your post about what the letter was about.
It's standard for the DWP to do this when they have details of the claimants GP. The letter actually says that if the claimant goes on to challenge the Decision then they can continue to issue Fit Notes.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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