DWP direct GP not to issue further medical certs

Hi,
I have Inflammatory Bowel Disease, diagnosed in 2008 and treatment instigated. After a general initial improvement, things became worse in Feb 2009 and I have been unable to work since due to the need for me to have a toilet nearby.
I made a claim for ESA in December 09 and had my medical in early March 2010. I received the decision not to pay me ESA on the grounds that I scored only 6 points despite me very clearly saying to the doctor that I have problems with bowel control. I sent in my appeal and received confirmation that it was in the system. I visited my GP for a continuation sick certificate but she would not give me one and showed me the computer screen where a letter from DWP has been scanned in to the system directing her not to issue any more certificates to me on the grounds that I am fit for work. My GP recognised that my symptoms are still affecting my ability to live a normal life, and even made suggestions with regards to further medication. I asked her if this means she no longer has juristiction over this asspect of my care and she said she does not. I am baffled and I think she has it wrong. I also think she is affraid to go against the DWP. Surely, if I am sitting three feet in front of my GP with symptoms of an illness, how can a body based in an office miles away have such influence.
Volvomanx

Volvomanx wrote:

Hi,
I have Inflammatory Bowel Disease, diagnosed in 2008 and treatment instigated. After a general initial improvement, things became worse in Feb 2009 and I have been unable to work since due to the need for me to have a toilet nearby.
I made a claim for ESA in December 09 and had my medical in early March 2010. I received the decision not to pay me ESA on the grounds that I scored only 6 points despite me very clearly saying to the doctor that I have problems with bowel control. I sent in my appeal and received confirmation that it was in the system. I visited my GP for a continuation sick certificate but she would not give me one and showed me the computer screen where a letter from DWP has been scanned in to the system directing her not to issue any more certificates to me on the grounds that I am fit for work. My GP recognised that my symptoms are still affecting my ability to live a normal life, and even made suggestions with regards to further medication. I asked her if this means she no longer has juristiction over this asspect of my care and she said she does not. I am baffled and I think she has it wrong. I also think she is affraid to go against the DWP. Surely, if I am sitting three feet in front of my GP with symptoms of an illness, how can a body based in an office miles away have such influence.
Volvomanx

Your GP is duty bound to issue a medical certificate, as you are appealing the adverse ESA decision. If she does not, then she is effectively agreeing with the DWP's decision not to award you benefit!

As ridiculous and perverse as it may seem, the DWP actually insist that a medical certificate is obtained from your GP whilst appealing the decision not to award you benefit, which completely flies in the face of them instructing GPs not to issue further certificates.

I don't know whether your GP was aware that you were appealing the ESA adverse decision, but it may be in your best interests to inform her about the requirement to issue medical certificates, until such time as your appeal is decided.

If for whatever reason your GP does not provide a medical certificate, your appeal will automatically lapse and you will have to apply for JSA.

Hi Crazydiamond,
Thanks for the speedy reply. It's nice to know that someone is there to listen, and the advice is first class.
When my GP showed me the letter from DWP on her PC screen she read out the statement saying that she can give a cert during my appeal, which I also told her about, but she still seems to think that I have to have a successful appeal outcome before she continues issuing certificates.
I have written to my local DWP office stating that my GP has refused to issue at their, DWP, request and I am waiting for a reply. I am wondering if a visit to my local CAB who specialise in benefits advice may be useful, especially if this situation becomes more complicated.
Regards,
Volvomanx

Hi, If i were you i would go and see the practice manager at your GPs surgery, Take any paperwork you have with and explain to him/her. Any probs iv had with GPs can usually be sorted by the practice manager. Good Luck

As well as the sound advice offered by Jeff1, it would certainly do your case no harm if you are able to enlist the help of the CAB.

I thought it stated that incontinence issues meant you were given 15 points not 6.