Subject:
"Obtaining new med cert from GP to enable payments to continue when appealing an ESA decision"
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andyspire
Welfare rights Worker, Derbyshire unemployed Workers Centres Member since 19th Feb 2010
Obtaining new med cert from GP to enable payments to continue when appealing an ESA decision Fri 19-Feb-10 11:05 AM
Had a case recently of a lady who came to us for help appeal following an ESA disallowance on the basis of not having limited capability for work. The appeal was sent to the local BDC; her sick note covered her up until April 2010. However the BDC are stating that the claimant needs to provide a new sick note to begin from the disallowance date, despite there being a current med cert to cover up until April 2010.
I have not come across this before; generally as long as there is a med cert in place to cover the period in question then payments have continued to be made following a disallowance as long as the appeal as been received by the BDC.
Anyone come across this; is it a local initiative; OR IS THIS THE NORM?
Welfare Rights Officer, Notts County Council Member since 27th Mar 2008
RE: Obtaining new med cert from GP to enable payments to continue when appealing an ESA decision Fri 19-Feb-10 11:25 AM
They have been asking for fresh sick notes at Nottingham BDC too. I don't think that this is correct. But the quickest way to get the client the money is to get the sick note rather than having the argument.
Welfare rights Worker, Derbyshire unemployed Workers Centres Member since 19th Feb 2010
RE: Obtaining new med cert from GP to enable payments to continue when appealing an ESA decision Fri 19-Feb-10 12:23 PM
It is Notts BDC i was referring to. The problem with people approaching their GP is that once they have issued a sick note to cover a long period they are then either refusing to issue another one or very reluctant.
Interestingly Derby BDC have stated that they have no issue around making payments as long as there is a covering med cert. They do not require the claimant to produce a fresh one to statrt from the date of the disallowance.
I work out of Shirebrook which is on the Notts/Derby border; we deal with both Notts/Derby BDC's.Most of our niggles of this kind are with Notts.