ESA "suspended" without notice

[citizen83]

Hi I am looking for a bit of advice.

 

I recently moved from JSA to ESA and after receiving one payment of ESA last month not had any payments since. After calling to find out what the problem was I was told there is a "gap in my medical evidence" of about 7 days as my sicknote only covers me from the day I was able to see my GP (he won't/can't backdate it!).

 

They told me over the phone about a month ago that my claim has now gone to "a decision maker" and I should hear within a week.... still nothing.

 

They haven't even bothered to write to me to let me know my benefits are suspended.. even though I've sent a sick note in as they requested.

 

I've been left high and dry with NO money at all for over a month, I've managed to get a couple of crisis loans for food (£30 a time) and apparently only allowed one more this year.

 

Last week a form (ESA50) from ATOS came through saying I need to return it by 11th May otherwise my benefits "may be affected" - even though they've already 'suspended' everything! Maybe this is what they are waiting for? Job Centre seem to think if I can get my GP to cover those 10 days with a new back-dated sicknote they will pay me, but this isn't possible, he refuses to write a new note, I told them it would take me a week to get an appointment when I first claimed, they didn't say this would be a problem! They don't get it!

 

What do I do!? Just going around in circles over and over and I have no money to eat let alone pay bills etc.

 

How can they just leave people to rot like this? especially when they are sick?

[leemack]

Can you give a timeline, if possible:

 

date of claim

dates med certs cover so far

dates of gap

 

Thanks

[Lins12a]

For once I agree with the Jobcentre it is your GP that is the cause of this particular problem, until you have an ESA medical you have to provide sick notes or benefit will be suspended, once consecutive sick notes have been supplied ESA will be reinstated.If your Gp will not sign you sick for this week then you will be seen as "fit for work" and this will cause a break in your ESA claim.

You need to explain to your GP that not having the sick note backdated is causing financial hardship and having a detrimental effect on your condition, would another GP at the surgery be more accommodating perhaps? You should not ignore the ESA50 or you will find your benefit suspended again as this is a seperate issue to the sick note, the ESA 50 that you complete will form the basis of your ATOS medical assessment and so you should put as much information as possible about how your condition affects you.

I hope you get this sorted

[citizen83]

Can you give a timeline, if possible:

date of claim

dates med certs cover so far

dates of gap

 

Thanks

 

Hi thanks for the quick response.

 

I put in a claim for ESA on 25th Feb over the phone. Advisor asked if I was able to get a sick note, told her yes but might be a week or so.

 

Finally managed to see GP (not my regular one, just a visiting one they had available in my surgery) who gave me a 8 week sick-note on Thursday 17th March and sent it to DWP with form they initially sent out requesting it.

 

The following Monday (21st March) a letter dated 18th March informed me my medical certificate ran out on 3rd March, and to send in a new one before 17th March!

 

I didn't realise I "had a gap" in my claim. The letter does explain if you can't get a sick note you can fill out the form and explain why and they will consider it, but as I had sent in a sick note covering 17th onwards I didn't realise I'd need to do that.

 

DWP advisor on phone says the gap is 4th - 17th March (10 days). I've begged and pleaded with my GP to give me a back-dated one for that period but he refused.

 

I had previously seen my GP (mid Feb) who referred me to a specialist but at the time didn't get a sick-note from him. He's useless anyway.

[citizen83]

P.S When I sent in my Medical Certificate I also sent the DWP letters from the local NHS (as additional evidence) dated end of Feb saying my GP had referred me to a specialist and I had been put on a waiting list. Last week I had these returned from JCP with a note "thanks for your letters, your claim has been noted" - whatever that means.

 

I'm thinking of getting an "advocate" to write a letter to my GP explaining the financial hardship element as a result of him refusing to give me a note for that period, with a copy of the letter from JCP saying my note ran out on 3rd March. It might just be enough to convince him but I changed doctors about a year ago, he hardly knows me, he's got my file on computer but that's about it.

 

I can understand if DWP don't want to pay me for that gap period but to deny me any thing for the rest of the period is crazy. Now I've only got one crisis loan shot left too.

[leemack]

Legally your GP can give a backdated fit note, as he had seen you for the same condition both prior to and after the time period in question. Some GP's can be very difficult though. If your GP won't issue it, and there are no other gp's at the practice who will, then its probably best to phone the dwp and ask for a call back from the decision maker in order to explain the situation. See if you can fill out the form explaining what happened. Basically you self certificate for the first week - which is why you were paid - and then the gap is from the end of the self certification to the beginning of the fit note.

 

Has your GP said why he won't issue the certificate?

 

If nothing works then it may be that you need to close your existing claim and then reapply from the date of the first fit note you received on 17th March. Obviously its best if your GP changed his mind, but there may be nothing you can do.

 

I know what its like though - our old GP was really awful and the only gp in the practice, and once refused a back dated sick note for my partner. When I asked him why he was refusing, he just glared at me and said 'because I can'. Luckily it was for work purposes, and his work were really understanding about it, and didn't make it an issue. He was a really awful GP and should be struck off.

 

The ESA50 is a separate issue and does need to be completed - but you have 6 weeks normally, so there's no hurry. Best to get this issue sorted out first.