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Does a Doctors sick note overrule a DWP medical?


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Old 11-04-2009, 12:41
saggy1
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I am having a partial knee replacement in 2 weeks.I will be unable to work for 6 weeks after.

I have been claiming Contributary Employment and Support Allowence since December,when a camera in my knee showed my knee is beyond repair.I was due to have the surgery in March but it has taken longer than expected for the Consultant to arrange it, as I have a metal allergy and need a metal free one.

I had my medical for my benefits at the end of February and have just been told I don't qualify for my benefit anymore as I didn't get enough 'points',and yet in two areas I should have been given points.

Does the fact that I am signed off sick until surgery over ride the medical result,I don't see how I can get unemployment benefit now, when post surgery I am unable to drive for 6 weeks let alone even get the leg wet for 2 weeks!I had assumed I'd be covered until my 6 week post op check up and be able to stay on ESA.

Typical the letter telling me I no longer qualify arrived this morning when there will be no-one at the DWP until Tuesday!

My sick note states I am waiting for knee surgery in two weeks time.

Many thanks in advance if anyone knows how it all works and would be kind enough to reply!
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Old 11-04-2009, 13:32
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As the dwp medical has stated you are fit to work, you only have a limited choice in what you do. You can appeal their decision or sign on for JSA.

If you had applied for ESA with the condition you have a med note from your gp then you cannot reapply for 6 months with the same condition.
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Old 11-04-2009, 13:53
Xassy
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The DWP make the final decision. As the poster stated above, you can appeal and I reckon that's a good place to start.
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Old 11-04-2009, 14:13
whip
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Yeah appeal but it could be a six month wait for the appeal.
I had to go to appeal for my IB the appeal lasted around six seconds before it was overturned, the medical does tend to be geared towards getting people off benefits whether they are too ill or not.
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Old 11-04-2009, 15:34
saggy1
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Thanks for the replies,I will ring and see about getting onto JSA,but given that I have surgery 2 weeks on Tues,and JS was the one who said I had to claim for CESA in the first place,I don't hold out a lot of hope,but I am going to appeal.

I don't understand why I was made to go and get a sick note if it means nothing to the DWP.

The medical was a joke anyway as the whole process only took 45 mins,and there is a bit in my report that is not something I'd have ever said so it is made up or regarding someone else.

I will pay my taxes even more unhappily from now on,when I do return to work...

Shame it'll take so long as I will prob be back in work by the time the appeal comes around,I don't fit in any of their 'boxes' at all,and it's driven me nuts!20 years of working 50+hour weeks,and you get nothing for it when you need it.
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Old 11-04-2009, 17:59
Kell_980
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OP don't go on to JSA, you need to either write a letter of appeal (making sure the word appeal appears on it) or fill in a GL24, you will also need to get a totally new sick note from your doctor (covering from the period you are disallowed from). Send these to the BDC that deal with ESA for your area and then your ESA will continue from the date it stopped pending the outcome of said appeal.
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Old 11-04-2009, 18:27
Angel-owl
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OP don't go on to JSA, you need to either write a letter of appeal (making sure the word appeal appears on it) or fill in a GL24, you will also need to get a totally new sick note from your doctor (covering from the period you are disallowed from). Send these to the BDC that deal with ESA for your area and then your ESA will continue from the date it stopped pending the outcome of said appeal.
No that's wrong! I know as I'm currently going through all this now. They stop any money that you were getting, and if you appeal and the decision is overturned then the money will be backdated, but if you don't win the appeal then you won't get a penny. My benefits were stopped in January and I'm still waiting to hear about an appeal, I've been told by my appeals advisor that it could be August at the earliest
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Old 11-04-2009, 18:27
Clangerette
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A friend of mine had her IB stopped so went to appeal and lost. Please don't assume that going to appeal will always be successful but good luck. Keep us posted
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Old 11-04-2009, 18:32
ianradioian
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Yes. A GP's note supersedes everything. No one can overrule it, as it is then calling your Doctor a liar.
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Old 11-04-2009, 18:37
Angel-owl
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Yes. A GP's note supersedes everything. No one can overrule it, as it is then calling your Doctor a liar.
No it doesn't. If the DWP assessment says that someone is fit for work then that's the final decision, a doctor's sick note doesn't overrule it
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Old 11-04-2009, 18:55
The quizmaster
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A doctor can overrule the DWP's decision, and you can apply for a fresh claim for Incapacity Benefit if your condition has worsened within eight weeks of the last date of Inacapacity benefit payment.
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Old 11-04-2009, 19:33
Angel-owl
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A doctor can overrule the DWP's decision, and you can apply for a fresh claim for Incapacity Benefit if your condition has worsened within eight weeks of the last date of Inacapacity benefit payment.
Yes that's correct, but the DWP can still decline your application for benefits
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Old 11-04-2009, 19:58
suki c
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I think that maybe you should go to the Citizens Advice Bureau - they are very good at looking at all the possible angles &, I'm sure, will be able to help you.
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Old 11-04-2009, 20:07
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So what happens while the person is appealing? Do they get some other benefit until the appeal has been sorted out?
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Old 11-04-2009, 20:23
lubby forever
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The DWP seemingly can do what they like. I've seen them turn down a patient who having been in a massive road accident had numerous broken bones which included several breaks in one leg which was then in a metal cage for months. Apparently perfectly healthy and capable of work.

It's really frustrating when you see people with serious conditions which leave them barely able to manage basic day to day tasks let alone work get turned down and people who you know are at best exaggarating their condition and could do any job going get all the benefits.

OP go back to your GP and explain what has happened, they can write a letter supporting your appeal.
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Old 11-04-2009, 21:35
Starpuss
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I have been considering applying for DLA but threads like this put me off. It hardly seems worth the bother.
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Old 11-04-2009, 21:41
sallygill1961
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I have been considering applying for DLA but threads like this put me off. It hardly seems worth the bother.
you should it took me four applications for dla to get the higher rate for my oh you have to really give them the scenario of your worst possible day which is really hard as it makes you realise how bad it is but please do pesevere
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Old 11-04-2009, 23:20
v0id
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So what happens while the person is appealing? Do they get some other benefit until the appeal has been sorted out?

They will get a reduced rate of Income Support while appealing, I think at around 50 a week.
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Old 12-04-2009, 16:35
Kell_980
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No that's wrong! I know as I'm currently going through all this now. They stop any money that you were getting, and if you appeal and the decision is overturned then the money will be backdated, but if you don't win the appeal then you won't get a penny. My benefits were stopped in January and I'm still waiting to hear about an appeal, I've been told by my appeals advisor that it could be August at the earliest

Is it, well then me and my whole section have been processing the ESA claims wrong then.
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Old 12-04-2009, 16:40
Starpuss
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you should it took me four applications for dla to get the higher rate for my oh you have to really give them the scenario of your worst possible day which is really hard as it makes you realise how bad it is but please do pesevere

I am thinking about filling the forms in but I hate to feel I have 'given in' to my disability. I have coped all my life, always worked up to a year or so ago and never claimed any benefit at all. The thought of having to prove to them that I can't cope any more is humiliating. But some days (like today!) I can't even walk from room to room without pain. It is getting me down not being mobile and having to rely on my husband.
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Old 12-04-2009, 19:44
saggy1
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Thank you for all the replies.

It seems to be a system which doesn't always help the people who need help, but helps those who know how to work the system.
Friends told me not to be so honest but sadly I always am honest...shows it doesn't make things work out how you expect or hope.

I am lucky that I need no help in any area of my daily life,but that seems to go against me,but after surgery will do for a few weeks,I'm 42 and am being given a comode and zimmer frame trolley with a tray on etc very kindly by the NHS.
If that doesn't tell me how incapable I will be of my normal ability in daily life,then nothing else will.lol.

OP don't go on to JSA, you need to either write a letter of appeal (making sure the word appeal appears on it) or fill in a GL24, you will also need to get a totally new sick note from your doctor (covering from the period you are disallowed from). Send these to the BDC that deal with ESA for your area and then your ESA will continue from the date it stopped pending the outcome of said appeal.
Thank you so much for that,I will start dealing with it on Tuesday.Please can you tell me what the BDC is and where to get a GL24?!
Funnily enough I got and sent a new sick note covering me until surgery from my Doctor on Thursday,the same day the letter was put in the post from DWP.
I am supposed to be resting the leg to reduce the inflammation around my knee to make it easier for my surgeon...The physio's tell me off if I don't.

I will go back to the Doc and ask for help.

Mind boggling is all I can say to the situation I now find myself in.I have told every person I've seen during this process I intend to be back at work full time from September so long as the new section of the knee all works fine,shame they don't cut a little slack when someone is a willing worker.

((hugs)) to those of you who've replied and are struggling to get the support you deserve.
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Old 12-04-2009, 22:13
Scaramouche
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Thank you so much for that,I will start dealing with it on Tuesday.Please can you tell me what the BDC is and where to get a GL24?!
You can get leaflet GL24 from your Jobcentre, it's titled 'If You Think Our Decision Is Wrong' or something similar and has a tear out section at the back to write details of your case.

When completing it outline exactly which parts of the decision you disagree with, for example where you haven't been awarded points for something which your condition renders you unable to do.

The Jobcentre can send it off to the BDC (benefits delivery centre) for you. Ask them to fax it if possible.

Once they receive a valid appeal they'll reinstate your ESA at the assessment rate (64.30pw) until the matter has been resolved.

If your appeal is unsuccessful you can pursue it to an independent tribunal, which is often worth doing as, in my experience of working with people with disabilities, they're not scared of telling the DWP to stop being so bloody silly.
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Old 12-04-2009, 23:09
whip
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If your appeal is unsuccessful you can pursue it to an independent tribunal, which is often worth doing as, in my experience of working with people with disabilities, they're not scared of telling the DWP to stop being so bloody silly.
Too true, as I said earlier my appeal lasted about six seconds before it was overturned.
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Old 13-04-2009, 00:19
Angel-owl
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You can get leaflet GL24 from your Jobcentre, it's titled 'If You Think Our Decision Is Wrong' or something similar and has a tear out section at the back to write details of your case.

When completing it outline exactly which parts of the decision you disagree with, for example where you haven't been awarded points for something which your condition renders you unable to do.

The Jobcentre can send it off to the BDC (benefits delivery centre) for you. Ask them to fax it if possible.

Once they receive a valid appeal they'll reinstate your ESA at the assessment rate (64.30pw) until the matter has been resolved.

If your appeal is unsuccessful you can pursue it to an independent tribunal, which is often worth doing as, in my experience of working with people with disabilities, they're not scared of telling the DWP to stop being so bloody silly.
Well I'm wondering if it's different for different areas as I'm currently appealing my decision and I've been told by several people at the Jobcentre that all I can do is either claim JSA or Income Support. They said that you can't claim ESA whilst an appeal is going through, otherwise what would be the point in them stopping you the benefit just to allow you back onto it????

Also, when I last saw my doctor he said that he was no longer able to give me a sick note to enable me to get sickness benefits as they're not allowed to issue them when the DWP has declared someone fit for work
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Old 13-04-2009, 00:29
Scaramouche
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Well I'm wondering if it's different for different areas as I'm currently appealing my decision and I've been told by several people at the Jobcentre that all I can do is either claim JSA or Income Support. They said that you can't claim ESA whilst an appeal is going through, otherwise what would be the point in them stopping you the benefit just to allow you back onto it????
Income Support for people who are unable to work because of sickness precedes ESA. ESA is only for people who made a new claim since the 27th October 2008. They're planning to migrate all IS/ IB claimants to ESA by 2012.

If you're currently claiming IS and appealing against a PCA they will either reinstate your IS at a reduced rate (minus 20%) once they receive the appeal or you can accept their decision and claim JSA.
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