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Getting GP ‘fit-notes’ after being found fit-for-work by a Work Capability Assessment – #DoNotConsent

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Getting GP ‘fit-notes’ after being found fit-for-work by a Work Capability Assessment – #DoNotConsent Empty Getting GP ‘fit-notes’ after being found fit-for-work by a Work Capability Assessment – #DoNotConsent

Post by Welfare-Champion Thu Apr 04, 2019 10:50 am

Caution: You may wish to seek independent support from an Advice Agency or Law Centre before acting on any of the consent based suggestions below.

https://mrfrankzola.wordpress.com/2019/04/03/fit-notes/

Welfare-Champion

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Post by MrFrankZola Thu Apr 04, 2019 1:52 pm

Welfare-Champion wrote:Caution: You may wish to seek independent support from an Advice Agency or Law Centre before acting on any of the consent based suggestions below.

https://mrfrankzola.wordpress.com/2019/04/03/fit-notes/

Critical feedback welcome on the above post.

Thanks for posting the link, just did a simpler related post:

'Your GP refuses to issue 'fit-notes' after DWP says you are 'fit-for-work'  - What can you do? '
https://mrfrankzola.wordpress.com/2019/04/04/gp-refuses-fit-notes

Citing

A short guide to the benefit system for general practitioners (page 9 extract)
"Fit notes are required until DWP makes a decision on their claim if the patient remains unfit for work. Once DWP has made a decision on whether to award benefit, they will write to you and your patient to let you know. [using a ESA65B letter]*

No further fit notes will be required unless the patient wishes to appeal the decision.

If your patient’s appeal is unsuccessful, you should only issue further fit notes if their condition worsens significantly or they develop a new condition."
https://www.gov.uk/government/publications/a-short-guide-to-the-benefit-system-for-general-practitioners

*ESA65B letter http://data.parliament.uk/DepositedPapers/Files/DEP2018-0290/ESA65B_Letter.pdf

and JSA and UC Claimant Commitment issues:

When found FFW you may be able to claim Jobseekers Allowance (JSA 'New Style') or claim Universal Credit (UC) or you will be placed in a new 'work related activity group' for an existing UC claim. In these circumstances a GP/Dr can consider issuing 'fit-notes' so a JSA or UC Claimant Commitment (CC) takes account of your health and disability. There is more discussion on this in 'Getting GP 'fit-notes' after being found fit-for-work by a Work Capability Assessment - #DoNotConsent', which also gives tips on how to STOP a GP/Dr getting the ESA65B letter.

Plus

Check out Z2K #ScrapTheLetters
https://twitter.com/search?q=%23scraptheletters&src=typd
campaign info
https://www.z2k.org/scrap-the-letters/
and petition.
https://you.38degrees.org.uk/petitions/stop-sending-misleading-letters-to-gps/signatures

MrFrankZola

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Post by Welfare-Champion Thu Apr 04, 2019 5:00 pm

MrFrankZola wrote:
Welfare-Champion wrote:Caution: You may wish to seek independent support from an Advice Agency or Law Centre before acting on any of the consent based suggestions below.

https://mrfrankzola.wordpress.com/2019/04/03/fit-notes/

Critical feedback welcome on the above post.

Thanks for posting the link, just did a simpler related post:

'Your GP refuses to issue 'fit-notes' after DWP says you are 'fit-for-work'  - What can you do? '
https://mrfrankzola.wordpress.com/2019/04/04/gp-refuses-fit-notes

Citing

A short guide to the benefit system for general practitioners (page 9 extract)
"Fit notes are required until DWP makes a decision on their claim if the patient remains unfit for work. Once DWP has made a decision on whether to award benefit, they will write to you and your patient to let you know. [using a ESA65B letter]*

No further fit notes will be required unless the patient wishes to appeal the decision.

If your patient’s appeal is unsuccessful, you should only issue further fit notes if their condition worsens significantly or they develop a new condition."
https://www.gov.uk/government/publications/a-short-guide-to-the-benefit-system-for-general-practitioners

*ESA65B letter http://data.parliament.uk/DepositedPapers/Files/DEP2018-0290/ESA65B_Letter.pdf

The above is fine.

GPs should know by now, that Fit Notes can still be issued when a patient is appealing.

http://www.doctorslanesurgery.nhs.uk/data/uploads/self_help/your-guide-to-the-fit-note.pdf

and JSA and UC Claimant Commitment issues:

When found FFW you may be able to claim Jobseekers Allowance (JSA 'New Style') or claim Universal Credit (UC) or you will be placed in a new 'work related activity group' for an existing UC claim. In these circumstances a GP/Dr can consider issuing 'fit-notes' so a JSA or UC Claimant Commitment (CC) takes account of your health and disability. There is more discussion on this in 'Getting GP 'fit-notes' after being found fit-for-work by a Work Capability Assessment - #DoNotConsent', which also gives tips on how to STOP a GP/Dr getting the ESA65B letter.

Some claimants can continue to claim old style ESA

You won't get any ESA payments while you're asking for a mandatory reconsideration if you were told you couldn't get ESA because:

   you didn't score enough points at your medical
   you didn't go to your medical
   you didn't return the capability for work questionnaire (ESA50 form)

If you're challenging the DWP's decision to put you in the work-related activity group, you'll continue to be paid ESA.  The work-related component will also be paid while you're challenging that decision - but only if your claim was made before 3 April 2017.

If you get support for mortgage interest (SMI), your SMI payments will stop while you ask for a mandatory reconsideration.

If you don't get any ESA payments during the reconsideration, you might be able to get other money to help with your living costs.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/esa-money-and-benefits-during-reconsideration/

Some people have means/funds from a budgeting loan to tide them over and to prevent migration to UC /new style ESA.  Old style JSA /Income Support is no longer an option.

Plus

Check out Z2K #ScrapTheLetters
https://twitter.com/search?q=%23scraptheletters&src=typd
campaign info
https://www.z2k.org/scrap-the-letters/
and petition.
https://you.38degrees.org.uk/petitions/stop-sending-misleading-letters-to-gps/signatures

A link to advice local is always helpful: https://advicelocal.uk/

Welfare-Champion

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Post by MrFrankZola Thu Apr 04, 2019 6:12 pm

Welfare-Champion wrote:Caution: You may wish to seek independent support from an Advice Agency or Law Centre before acting on any of the consent based suggestions below.

https://mrfrankzola.wordpress.com/2019/04/03/fit-notes/

fyi

The words "Advice Agency or Law Centre" have embedded links to:

http://www.adviceuk.org.uk/looking-for-advice/find-advice/
and
https://www.lawcentres.org.uk/other-sources-of-advice

The actions relate to "consent" and the DWP should simply be offering an explicit opt-in Accept or Decline choice for thei GP to get a DWP letter telling a GP NOT to issue 'fit-notes', when if fact there are many circumstances they should.

"If your GP/Dr did get an ESA65B letter and you are appealing a FFW decision, or your health condition or disability has got significantly worse or you have a new medical condition. You could provide a copy of or send them a link to the ‘A short guide to the benefit system for general practitioners‘, as page 9 advises GPs to continue issuing ‘fit-notes’ in these circumstances.
https://www.gov.uk/government/publications/a-short-guide-to-the-benefit-system-for-general-practitioners

Related: ‘Your GP refuses to issue ‘fit-notes’ after DWP says you are ‘fit-for-work’ – What can you do?‘"
https://mrfrankzola.wordpress.com/2019/04/04/gp-refuses-fit-notes



MrFrankZola

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Post by Non Deficere Fri Apr 05, 2019 12:18 pm

I think the consent section of the ESA50 may not be GDPR compliant.  I agree there should be a tick box for each consent.

I like the content of this form:

https://www.centralsurgery-barton.co.uk/mf.ashx?ID=5f9a784b-138a-4ae1-99cb-1a4ef80be88c
Non Deficere
Non Deficere

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