#StopTheLetter: You can NOW stop misleading DWP ‘Fit for Work’ (ESA65B) letters going to your GP/Doctor

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This post has been superseded by:

‘Getting GP ‘fit-notes’ after being found fit-for-work by a
Work Capability Assessment – #DoNotConsent‘

The post below also gives details of how the above post came about.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Actions you can take NOW

Option 1: When completing every ESA50 form (ESA – Work Capability Assessment – Questionnaire) – #DoNotConsent
Option 2: Writing to the DWP after every ESA50 form submitted and or WCA undertaken
Option 2.1: If you are claiming Universal Credit
3: If I am found ‘fit for work’ by the DWP and do not win a challenge against the decision, why should I keep asking for ‘fit notes’ from my GP/Doctor?
4: Resources: ESA50 form and the ESA65B letter

Option 1: When completing every ESA50 form (ESA – Work Capability Assessment – Questionnaire) – #DoNotConsent

On page 21 under “Other information” add the statement:

I DO NOT agree to my doctor or any doctor treating me,
being informed about the Secretary of State’s
determination on– limited capability for work
– limited capability for work-related activity,
or– both

My “I DO NOT agree” consent decision is being exercised under my Data Protection Act (2018) and General Data Protection Regulation rights.

Then go to the “Declaration” section on page 22 and for the text:

“I agree to my doctor or any doctor treating me,
being informed about the Secretary of State’s determination on
– limited capability for work
– limited capability for work-related activity,
or– both”

Cross it out or strikethrough it, so it looks like:

̶”̶I̶ ̶a̶g̶r̶e̶e̶ ̶t̶o̶ ̶m̶y̶ ̶d̶o̶c̶t̶o̶r̶ ̶o̶r̶ ̶a̶n̶y̶ ̶d̶o̶c̶t̶o̶r̶ ̶t̶r̶e̶a̶t̶i̶n̶g̶ ̶m̶e̶,̶b̶e̶i̶n̶g̶ ̶i̶n̶f̶o̶r̶m̶e̶d̶ ̶
a̶b̶o̶u̶t̶ ̶t̶h̶e̶ ̶S̶e̶c̶r̶e̶t̶a̶r̶y̶ ̶o̶f̶ ̶S̶t̶a̶t̶e̶’̶s̶d̶e̶t̶e̶r̶m̶i̶n̶a̶t̶i̶o̶n̶ ̶o̶n̶–̶
̶l̶i̶m̶i̶t̶e̶d̶ ̶c̶a̶p̶a̶b̶i̶l̶i̶t̶y̶ ̶f̶o̶r̶ ̶w̶o̶r̶k̶–̶
̶l̶i̶m̶i̶t̶e̶d̶ ̶c̶a̶p̶a̶b̶i̶l̶i̶t̶y̶ ̶f̶o̶r̶ ̶w̶o̶r̶k̶-̶r̶e̶l̶a̶t̶e̶d̶ ̶a̶c̶t̶i̶v̶i̶t̶y̶,̶
̶o̶r̶–̶ ̶b̶o̶t̶h̶”̶

Option 2: Writing to the DWP after every ESA50 form submitted and or WCA undertaken

See draft template letter for ideas and suggestions:
http://pastebin.com/kWZ6YNwY

“If a benefit claimant wishes to withdraw consent to inform a GP of the outcome of a WorkCapability Assessment they need to write to the Benefit Centre that deals with their benefit claim”
https://www.whatdotheyknow.com/request/382955/response/938163/attach/html/3/236.pdf.html

Option 2.1: If you are claiming Universal Credit (UC)

If you are claiming UC you can also cut and paste any “I DO NOT agree” letter into your UC account journal.

3: If I am found ‘fit for work’ by the DWP and do not win a challenge against the decision, why should I keep asking for ‘fit notes’ from my GP/Doctor?

If you are assessed as ‘fit for work’ at a Work Capability Assessment (WCA), you can ask for a Mandatory Reconsideration (MR) of the decision and if unsuccessful you can appeal to an Independent Tribunal.

For an effective MR and Tribunal ‘fit notes’ need to continue being issued, this is why  stopping your GP/Doctor being informed of the determination of your Work Capability Assessment is very important, options 1, 2 and 2.1 should stop the DWP issuing the misleading work capability ESA65B letter to your GP/Doctor.

If you do not win at a tribunal and your GP has continued to issue ‘fit notes’ and does not know the outcome of any adverse WCA assessment, MR or Tribunal decision and you are consequently claiming Jobseekers Allowance or Universal Credit you can show your Jobcentre Work ‘Coach’ your ‘fit notes’. This should to inform the creation of your Claimant Commitment (CC) and the ‘Coach’ must ensure your CC includes ‘reasonable adjustments‘ that take account of your individual health and disability needs, that may be highlighted in your ongoing GP ‘fit notes’.

Note: This item [3.] covers suggestions that need independent advice, from likes of an Advice Agency or Law Centre before being acted upon.

4: Resources: ESA50 form and the ESA65B letter

ESA50 form: Capability for work questionnaire
https://www.gov.uk/government/publications/capability-for-work-questionnaire

ESA65B letter: Sent to a GP/Doctor to inform them of the determination of a Work Capability Assessment

Click to access ESA65B_Letter.pdf

Background and more suggestions and ideas

https://dpac.uk.net/2018/04/you-can-prevent-the-dwp-interfering-in-the-patient-doctors-relationship/

#DoNotConsent to a Doctor/GP being told your Work Capability Assessment decision… #StopTheLetter (ESA65B) Now