Meniers sufferer

After suffering from this problem for 4 years and having two assesments and one tribunal hearing I have yet again been rejected for ESA.I have appealed and it is being looked at again but in the meantime I have no benefit payments.I have heard nothing for weeks from benefit centre even though I have resent the appeal form in twice.I am under a specialist consultant and on two different types of tablets.I want to submit a new claim so went to my GP to ask for a new medical certificate and he said he could not give me one because the benefit people had blocked him from doing so.Is this legal,how can they refuse me a certificate when I am still being treated by the hospital for this problem.At my last assesment I had a hearing test and proved I could not hear or understand the assesor but scored 0 points.I also proved I have a prostrate problem that I take medication for but was scored 0 for this also.
I could go on forever with my complaints concerning this very unfair benefit but will leave it at that for now.Ireally just need to know if they have the right to stop my doctor from issuing me any more certificates.

Thanks

John

jclassic1 wrote:

After suffering from this problem for 4 years and having two assesments and one tribunal hearing I have yet again been rejected for ESA.I have appealed and it is being looked at again but in the meantime I have no benefit payments.I have heard nothing for weeks from benefit centre even though I have resent the appeal form in twice.I am under a specialist consultant and on two different types of tablets.I want to submit a new claim so went to my GP to ask for a new medical certificate and he said he could not give me one because the benefit people had blocked him from doing so.Is this legal,how can they refuse me a certificate when I am still being treated by the hospital for this problem.At my last assesment I had a hearing test and proved I could not hear or understand the assesor but scored 0 points.I also proved I have a prostrate problem that I take medication for but was scored 0 for this also.
I could go on forever with my complaints concerning this very unfair benefit but will leave it at that for now.Ireally just need to know if they have the right to stop my doctor from issuing me any more certificates.

Thanks

John

The DWP would not normally instruct a GP to not issue a 'Fit Note' (medical certificate). It is your GP's decision whether or not to issue the fit note.

Not wishing to be pedantic but are you sure you understood your GP correctly?

In anycase it maybe worth asking to speak to the Practice Manager to try to establish the reason for your GP's failure to issue the 'fit note'.

If a fit note is issued, and you inform the DWP office dealing with your claim that you are going to appeal the non award of ESA you should receive ESA at the Assessment Phase Rate.

That is unless there is another reason for you not being able to claim it?

Pete

Hi John

I believe that when you fail the WCA the DWP sends your GP a letter advising that he/she does not need to issue further medical certificates unless you appeal (not sure how it's worded).

Also, when the DWP receive your GL24 notice of appeal they send you an confirmation letter and they advise you to show the letter to your GP to confirm that you made a valid appeal. This shouldn't be necessary as GPs can choose whether to issue sick notes but it may help if you tell your GP that you are appealing and sick notes are required. And as Pete says, find out if there is any other reason for the refusal.

Good luck

Derek

Hi,

If you look at the information on the link below, at question 8, it covers the scenario of G.P.'s issueing Med Certs, to claimants who are appealing a decision.

www.dwp.gov.uk/healthcare-professional/f...tly-asked-questions/

cheers

bro58

Derek,Pete,
thank you for your reply.I have asked my doctor again about being refused a medical certificate and he again told me that the DWP have blocked him from giving me one.I have appealed twice now but have not received anything in writing to confirm this.Without a sick note I cannot make a new claim and the lack of correspondence from the claims people is very worrying.I have another hospital appointment on the 22nd Sept to see my consultant following the operation I had to insert a grommet in my right ear on the 20th May.Since the operation I seem to be having more attacks than before but this latest appointment to see my consultant was the quickest they could arrange.I have also e-mailed Atos with my disgust in the way this has all been handled but I don,t expect a reply.The only benefit they have left me able to apply for is JSA but as I am not fit for work in my consultants opinion why should I be stopped from claiming ESA without an explanation why.

John