ESA writting to doctor

a friend asked me today what to do. Can anyone advise please as I am really stuck on this one?

His Doctor put him on the sick whilst he has got in to recovery for his drinking though A.A. The health adviser at the medical center only seen him for 10 minutes and he failed him on his medical as he got nil points. He had done the process of appeal and awaiting the appeal which he has been advised will take about 6 months. The ESA have written to his doctor telling his doctor not to give him anymore sick notes so when he went to the doctor today for a sick note the doctor refused to give him one. He still has his appeal in and doesn't know what to do.Will that appeal still be valid and go ahead even with what the ESA have said to the doctor.

He has always managed to hold down a job until the past year. He went on to j.s after losing his job and was advised to go on the sick for a short period until he got some stability back to return to work.
Most people don't realize that alcoholism is a mental health issue and the drink but a symptom. He is getting the help now from various agencies but is terrified of having to sign back on as he knows they will pressurize him but sees little choice. Can anyone advise please?. It was the j.s that advised him to go on the sick for a short time

Hi Kefkat

I'm afraid I can't advise on this one, I just have a few thoughts.

I don't know what business the DWP have in telling your friend's GP how to treat him, but as GPs generally don't know anything about the benefit system (even though they are part of it!), it's possible your friend's GP thinks that he or she is obliged to do what the DWP tell them to do.

Disallowed claimants have a right to appeal and continue to claim ESA provided their GP continues to provide sick notes. For the DWP to tell GPs not to provide sick notes, it appears they are trying to deny appellants their legal rights.

There is of course the possibility that the GP refused on his or her own initiative, but would nevertheless have been pressured by the DWP.

I think it could be worth him contacting his MP, but hopefully another mod will be able to answer.

Derek

Hi kefkat,

Ordinarily once a person becomes subject to the work capability assessment their doctor is no longer required to write sick notes as it is the decision maker who decides whether or not the claimant is too sick to work.

However, where an appeal is in progress then the claimant does still need to provide sick notes. Your friend needs to contact the office dealing with his claim and ask them to contact his GP to say that sickness certification is now required once again.

Good luck,

Steve

Hi, I recently obtained the last 15 of my GP notes etc. The last entry freaked me out as it was a letter from DWP telling my doctor that I had failed my ATOS madical and he a was not obliged to write me anymore sick/fit notes.


However, it does state somewhere that they can still provide them while you are appealling.

Bear with me and I will try and locate the source!

Best wishes,
Rachel

Hi, not sure if I pressed submit on my last post!

The letter to my GP said:

We have decided that your patient is caspable from work from....This means that you do not have to give your patient any more medical certificates for ESA purposes unless they appeal against the decision...

I suggest your friend asks his GP to look at the letter with him and point out that he is appealing!

Best wishes,
Rachel

Oh and Kefkat, the doctor can put the date of the last sick/fit note as the start of the new one, whenever they see your friend.

That way your friend wont loose any benefits. The benefits might stop until the DWP get the sick/fit note but they will back date it.

Rachel