Neil Couling has admitted in a tweet that the DWP is sometimes illegally requiring managed migration claimants to produce fit notes and even agree to work commitments, but claims a fix is on the way.

The problem affects employment and support allowance (ESA) claimants who are being forced onto universal credit (UC) via managed migration.

ESA claimants should not be required to provide fit notes when they are migrated and ESA claimants in the support group should not be required to undertake any work-related activities.  This is because an ESA claimant’s work capability status travels with them when they are migrated.

Yet some DWP staff are forcing ESA claimants to try to get a fit note from their GP.

This is in spite of the fact that the UC claim form specifically tells ESA claimants:

“You told us you are currently getting Employment and Support Allowance (ESA).

“This means you do not have to provide a fit note to tell us about your health condition.”

The DWP’s “Advice for Decision Makers” also confirms that if someone moves under managed migration, their work capability assessment decision under ESA moves with them.

And the Universal Credit Regulations 2013 confirm that ESA claimants take their work capability status with them.

But examples of DWP staff being utterly ignorant of the law are appearing even at this early stage of managed migration.

Edinburgh Coalition Against Poverty (ECAP) have said that through accompanying claimants making UC claims, they have discovered that Edinburgh’s High Riggs and Leith jobcentres “have been illegally trying to force such claimants to obtain a Fit Note from their GP and then go through a work capability assessment.”

Neil Couling, the head of the DWP’s UC team admitted on X on 16 October that the DWP are getting it wrong:

“We aren’t yet into big numbers but to reassure, we have an existing process to catch these cases, not perfect works for most, but you will see cases when doesn’t. Given volumes going up we are developing a tactical fix, to catch all, as I write, with a full system fix due later.”

The fact that the DWP need to create a software fix to prevent staff getting such a basic aspect of managed migration wrong, because they are incapable of training their staff to get it right, says a great deal about how unready the DWP are for “volumes going up”.

Meanwhile, anyone caught in this “test and learn” phase of managed migration is advised to make a note in their journal that, by law, they do not have to provide sick notes and also to state which group – limited capability for work or support group – they are in for ESA and that they must legally be migrated into the corresponding UC group.

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  • Thank you for your comment. Comments are moderated before being published.
    · 9 days ago
    The DWP's continuous violations of Article 28 of the UNCRPD, which ensures disabled individuals have the right to an adequate standard of living and social protection, along with the ECHR's safeguards against discrimination, are extremely concerning. The department's mishandling of managed migration has caused unnecessary distress for disabled claimants, who are being incorrectly pressured to provide fit notes and meet work commitments from which they are legally exempt. This not only infringes on their rights but also damages the UK's standing in terms of human rights for disabled individuals.

    The DWP's inability to comply with these essential rights highlights a significant systemic problem that demands immediate action. The current staff seem ill-prepared to handle the complexities of disability rights and the legal responsibilities associated with them. A comprehensive overhaul of the DWP is necessary, including hiring new personnel who are adequately trained and dedicated to upholding the rights of disabled individuals.

    To bring about meaningful change, it is vital for us to reach out to our MPs and advocate for accountability and reform within the DWP. We must call for a system that truly supports disabled people rather than adding to their difficulties. Only through substantial reform can we ensure that the DWP meets its obligations under international human rights law and restores dignity and respect to disabled claimants in the UK.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @S We can and should ask. Whether that has any effect is another matter.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @S I agree

      Writing to your local MP is one of the most effective ways to raise awareness about the challenges faced by vulnerable individuals in the ESA Support Group who are migrating to Universal Credit. MPs have a duty to serve their constituents, and it is their responsibility to take action on issues that affect the community. By bringing these concerns to the attention of the government, they can advocate for necessary changes.

      To get started, you can find your MP's contact information on the official UK Parliament website by entering your postcode. This will provide you with their email address, phone number, and postal address.

      When drafting your message, be clear and concise. Begin with a subject line like "Request to Pause Migration of Vulnerable ESA Recipients to Universal Credit." Address your MP formally, such as "Dear [MP's Name]," and introduce yourself as a constituent in their area.

      Next, explain the situation regarding the migration of vulnerable people from ESA to UC, emphasising the distress it is causing. Clearly state your request for the MP to advocate for a pause in this migration process until the DWP and job centres are adequately prepared to support these individuals. If possible, include any statistics, personal stories, or references to reports that illustrate the impact of this issue.

      Conclude your message by thanking your MP for their attention and expressing your hope for their support. Be sure to include your contact information for any follow-up.

      If you don’t receive a response, consider calling their office for a follow-up. If there is still no response, you may want to reach out to the political party of which your MP is a member to express your concerns.
    • Thank you for your comment. Comments are moderated before being published.
      · 9 days ago
      @Disabled Rights Can we ask MPs that the migration of vulnerable people in the Support Group of ESA be put on hold for now? The migration of such people to UC was brought forward by four years - it seems the DWP and job centres are far from ready, and it is causng huge distress for already vulnerable people.
  • Thank you for your comment. Comments are moderated before being published.
    · 10 days ago
    I got my letter today & it’s just as well you couldn’t hear my language! I’ve been dreading this & hoping I would be waiting a while yet. 

  • Thank you for your comment. Comments are moderated before being published.
    · 11 days ago
    Let's be honest here, badly trained staff telling disabled or sick people to see their GP is only going to create even worse NHS waiting lists and GP or whoever they want to issue them pharmacy just don't have the time or funds to deal with masses of people wanting certificates for the DWP it's a pointless process to prove the same diagnosis that existed.
    • Thank you for your comment. Comments are moderated before being published.
      · 10 days ago
      @Jon Jon no I haven't not yet.  I'm hoping to be spared, I retire end of spring 2025.
    • Thank you for your comment. Comments are moderated before being published.
      · 10 days ago
      @MrFibro Have you had your migration letter
    • Thank you for your comment. Comments are moderated before being published.
      · 11 days ago
      @Jas Well put.
    • Thank you for your comment. Comments are moderated before being published.
      · 11 days ago
      @Jas When I popped into jcp to ask if I could use there computers to migrate to universal credit work coaches were mentioned
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    Ridiculous. The migration of the Support Group claimants should be put on hold.  It should never have been suddenly brought forward four years.
    • Thank you for your comment. Comments are moderated before being published.
      · 9 days ago
      @Disabled Rights Are you affiliated to a particular disabled rights group?

      If so, and if the DWP are in breach
      of Article 28 of the UNCRPD, can you and other disabled rights groups please take action against them and nip this behaviour in the bud?
    • Thank you for your comment. Comments are moderated before being published.
      · 9 days ago
      @S I completely agree with your perspective on the migration of Support Group claimants. The abrupt decision to accelerate this process by four years is concerning, especially given the potential impact on disabled individuals who are already facing significant challenges. The DWP's actions appear to be in violation of Article 28 of the UNCRPD, which emphasises the right of persons with disabilities to an adequate standard of living and social protection. It is crucial that any changes to the system are implemented thoughtfully and with consideration for the well-being of those affected. Putting the migration on hold would allow for a more comprehensive evaluation of the implications and ensure that the rights and needs of disabled claimants are prioritised.
    • Thank you for your comment. Comments are moderated before being published.
      · 11 days ago
      @S Four years brought forward means a huge savings to the DWP.
    • Thank you for your comment. Comments are moderated before being published.
      · 13 days ago
      @Anon George Osborne clone
    • Thank you for your comment. Comments are moderated before being published.
      · 13 days ago
      @S Don't hold your breath. Rachel Reeves has announced she is cutting £3 billion from the welfare budget in the coming budget.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    With needless idiocy like this going on it's easy to see how sick and disabled people can develop mental health problems; endless pressure from a hostile, incompetent DWP makes them ill.
    • Thank you for your comment. Comments are moderated before being published.
      · 11 days ago
      @Bill Kruse Come the next GE, when labour loses power, the next government to take residence will blame labour for the mess they have inherited.  All governments keep blaming each other, and just keep passing the parcel around, and they are getting away with it.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    Alex, some of my post was cut. Trying again...

    If you are on esa and have already had a wca and been put in a group, you must be migrated to the corresponding uc group and should not be asked for a fit note or any medical evidence. Concentrate on making that clear to dwp, rather than needlessly asking a gp to supply you with material the dwp has no right to demand during the managed migration process.

    We must stand firm against being sent on wild goose chases just because dwp staff don't know their job. This is their problem to sort. Government made the rules and government agents should follow them
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @keepingitreal If you are in ESA Support Group when you move to UC if they ask you for fit notes write on your journal: 
      Transitional regulation 19 applies because you already have a support group award. 
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    Since Neil Couling has admitted that it's illegal for people to be asked for fit notes whilst migrating I hope disability lawyers have been made aware of this tweet.

    I hope everyone that has been affected adversely contacts a lawyer and takes the DWP to court.
    • Thank you for your comment. Comments are moderated before being published.
      · 12 days ago
      @Jonno They did it to me when I had to go onto UC.... told me I would need to go to the job centre to talk to a job coach (this happened a couple of years ago) caused me untold stress I ended up getting a fit note just to get them off my back even though I was in the support group.  Yes ideally we would all have sued the ass of them for all the abuse we have suffered over years with a group or class action but they know we aren't well enough to take the further stress.  It's been like fighting a court case every other year anyway for many years for me just to keep my disability benefits.  They seem to have no idea of the cumulative effects of these brutalising systems.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    They always come out with "works for most" but what about those things don't work for? Are they expendable?! It's not acceptable to have a system for vulnerable people where some of them, however small a number, end up damaged by the process. I'm sick of their cavalier attitude and boasting about how many people they supposedly get it right for, that somehow justifies them them not giving a toss about the sometimes literal casualties.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    this is just another example of incompetence form the Dwp that leads to more misery for claimants 
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    My friendly GP retired last year, and now I am worried sick about migrating.  If they ask for a sick note I'll stress out as I don't see my GP regularly anymore and haven't been in for a couple of years. 

    I do have a stack of medical evidence, just don't want to have to ring the surgery to persuade a GP to issue a note when I've never spoken to them before. 

    I hope they get this fixed ASAP. 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @Alex We have the same problem, our three doctors in the practice have all retired and the new ones don't know us. When my husband was going through a crisis one of the new doctors told him to go to the gym !!!
    • Thank you for your comment. Comments are moderated before being published.
      · 13 days ago
      @Alex I wouldn't know my GP in a line-up
    • Thank you for your comment. Comments are moderated before being published.
      · 13 days ago
      @Alex I'm in exactly the same position, I don't know the other doctors well, and to be honest they've always on the rare occasion I've seen them been dismissive and patronising. I really miss my old doctor who was wonderful but unfortunately for me retired earlier this year.
    • Thank you for your comment. Comments are moderated before being published.
      · 13 days ago
      @Alex If you have the ability, take some time and write all of this out in letter form and when you reach out to a GP, explain you struggle to contact services nowadays and decided a letter would be easier for you. Leave the letter with them and await feedback.

      This is what I did last time and it worked out well for me. Better for me to organise my thoughts in private than have endless rumination about what to do and say.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    At least the DWP are admitting to this error which is unusual given their track record to their staff getting things wrong and then fighting it. Perhaps this is a good start to more transparency and cautious approach which the same official once said was going to go slow, slow, slow. It may be a good sign that the DWP take as much caution as possible specially when migrating those in the support group who are the most vulnerable 
    • Thank you for your comment. Comments are moderated before being published.
      · 13 days ago
      @Jonno I don't think even they do things wrong on purpose.  And then admitting to it.  All of that costs money, which they don't have.  I think there IS more transparency under the new govt, despite the curfuffle over PIP vouchers. They published 31 reports withheld by the last govt, they have admitted to this current error, and admitted that the Tory govt's PIP proposals were met with "consistently negative" responses.  You wouldn't have got that four or five months ago.
    • Thank you for your comment. Comments are moderated before being published.
      · 13 days ago
      @AJ Let's hope so. I am very suspicious of the DWP. I just don't think it is incompetence. I think they knew fine well what the problems would be for people migrating from ESA to UC re fit notes. 

      Create fear and worry for the people migrating to the extent that some of them might be so sickened that they don't bother claiming UC. Job done and more money saved at the expense of the claimant.

      I am of the opinion that the DWP are chancing their arm here to see what they can get away with, which makes all the more important that they are held to account.

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