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GP Won't backdate sick note for ESA
- SoulMan
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11 years 8 months ago - 11 years 8 months ago #108933 by SoulMan
GP Won't backdate sick note for ESA was created by SoulMan
I am in the process of appealing my ESA decision, Ive just been to my doctors surgery to get a sick note and she said they are not allowed to backdate it if they have not seen you at the time it needs to be backdated, i explained that i have had them backdated in the past and i was told that they should not have done this.
What will happen now with my ESA appeal. does it matter to them that i am unable to get one backdated or will they just start paying me aseement rate from the date of the sick note. looks like i will loose 2 weeks money.
What will happen now with my ESA appeal. does it matter to them that i am unable to get one backdated or will they just start paying me aseement rate from the date of the sick note. looks like i will loose 2 weeks money.
Last edit: 11 years 8 months ago by Gordon.
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- Gordon
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11 years 8 months ago #108934 by Gordon
From your posts I believe that you were in the WRAG before being found Fit for Work and so would not have had a Fit Note issued for some time.
GPs can provide a backdated Fit Note, even if it the first one for some time, providing that their Decision do so is based on a previous consultation and it is reasonable for you to have been unfit for work during the interim, however, if you have not seen them for some time, then they are at liberty to refuse to back date the Fit Note.
I am afraid I cannot think of anyway around this, consulting a new GP will undoubtedly result in a similar result, you could try see your GP again and using the argument that you were unfit six months ago; or whenever you last saw them, you are are unfit now, so on what basis do they think that you were fit for work in the interim, but you may end up just annoying an otherwise helpful doctor.
If you cannot bridge the gap then I would expect payment of the ESA Assessment rate to be withheld.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic GP Won't backdate sick note for ESA
SoulMan wrote: I am in the process of appealing my ESA decision, Ive just been to my doctors surgery to get a sick note and she said they are not allowed to backdate it if they have not seen you at the time it needs to be backdated, i explained that i have had them backdated in the past and i was told that they should not have done this.
What will happen now with my ESA appeal. does it matter to them that i am unable to get one backdated or will they just start paying me aseement rate from the date of the sick note. looks like i will loose 2 weeks money.
From your posts I believe that you were in the WRAG before being found Fit for Work and so would not have had a Fit Note issued for some time.
GPs can provide a backdated Fit Note, even if it the first one for some time, providing that their Decision do so is based on a previous consultation and it is reasonable for you to have been unfit for work during the interim, however, if you have not seen them for some time, then they are at liberty to refuse to back date the Fit Note.
I am afraid I cannot think of anyway around this, consulting a new GP will undoubtedly result in a similar result, you could try see your GP again and using the argument that you were unfit six months ago; or whenever you last saw them, you are are unfit now, so on what basis do they think that you were fit for work in the interim, but you may end up just annoying an otherwise helpful doctor.
If you cannot bridge the gap then I would expect payment of the ESA Assessment rate to be withheld.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
11 years 8 months ago - 11 years 8 months ago #108936 by bro58
Replied by bro58 on topic GP Won't backdate sick note for ESA
Hi SM,
It seems that a prior telephone consultation is also counted :
Certification questions.
" Q. When can I backdate a Statement of Fitness for Work?"
A Statement of Fitness for Work (Med 3) can only be issued for a backdated period when it is based on a previous assessment.
"An assessment is defined as the date you either had a face-to-face consultation, a telephone consultation or considered a report from another doctor or registered healthcare professional. You can issue a Statement on or after this date, but not before."
We recognise that there are some situations where your patient may ask for medical evidence to cover a backdated period for which there has not been a previous assessment. For example if your patient has not been appropriately issued with a Med 3 on discharge from hospital or at a previous consultation with another GP.
In these situations, you cannot issue a Med 3 for the back dated period. However, in order to be helpful to your patient you may wish to, either in the comments box of the Statement or in a separate letter, provide advice that the patient was not fit for work for an earlier period. You should ensure you have the appropriate information and evidence to justify this advice – generally this will be via a report or patient record. Employers and DWP can accept this advice as strong evidence of fitness for work for social security and Statutory Sick Pay purposes."
From :
www.dwp.gov.uk/healthcare-professional/f...tly-asked-questions/
bro58
It seems that a prior telephone consultation is also counted :
Certification questions.
" Q. When can I backdate a Statement of Fitness for Work?"
A Statement of Fitness for Work (Med 3) can only be issued for a backdated period when it is based on a previous assessment.
"An assessment is defined as the date you either had a face-to-face consultation, a telephone consultation or considered a report from another doctor or registered healthcare professional. You can issue a Statement on or after this date, but not before."
We recognise that there are some situations where your patient may ask for medical evidence to cover a backdated period for which there has not been a previous assessment. For example if your patient has not been appropriately issued with a Med 3 on discharge from hospital or at a previous consultation with another GP.
In these situations, you cannot issue a Med 3 for the back dated period. However, in order to be helpful to your patient you may wish to, either in the comments box of the Statement or in a separate letter, provide advice that the patient was not fit for work for an earlier period. You should ensure you have the appropriate information and evidence to justify this advice – generally this will be via a report or patient record. Employers and DWP can accept this advice as strong evidence of fitness for work for social security and Statutory Sick Pay purposes."
From :
www.dwp.gov.uk/healthcare-professional/f...tly-asked-questions/
bro58
Last edit: 11 years 8 months ago by bro58.
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