#DoNotConsent to Doctor/GP being told your Work Capability Assessment decision…

Your WCA outcome/determination is considered sensitive personal data, therefore the DWP requires your consent for it to be shared with your GP and any other Doctor.

If you #DoNotConsent to your GP or any other Doctor being told the outcome (determination) of your Work Capability Assessment (WCA), you can choose not to give consent [1] in the first place or withdraw consent [2] later on with these suggestions:

Option 1: When completing every ESA50 form – #DoNotConsent
Option 2: Writing to the DWP after every ESA50 form submitted and or WCA undertaken
– Resources
– Notes and acknowledgements
– Background material

Option 1: When completing every ESA50 form – #DoNotConsent

On page 17 of the ESA50 form, under with the “Other information” box you can write:

I DO NOT consent/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 being sent a summary of the Limited Capability for Work Assessment.

Example: https://s27.postimg.org/7arkai3ir/Do_Not_Consent_Page17_ESA50.png

and you should then strike-through/write over/blank out the part of the Declaration on page 18 that says:

“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.”

Example: https://s12.postimg.org/unudarrrx/page18_ESA50.png

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

– Resources

Data Protection Act (1998) – Section 2 Sensitive personal data.
http://www.legislation.gov.uk/ukpga/1998/29/section/2

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 What conditions need to be met in respect of sensitive personal data?
The individual whom the sensitive personal data is about has given explicit consent to the processing.

https://ico.org.uk/for-organisations/guide-to-data-protection/conditions-for-processing/

– Notes and acknowledgements

Doing above should prevent the DWP issuing your GP or any other Doctor with it’s standard letter ESA65B 04/10, which informs them of the WCA determination and asks them to consider not issuing further ‘fit-notes’ (medical certificates) and a summary of the Limited Capability for Work Assessment.

“This means you [GP/Doctor] do not have to give your patient any more medical statements for benefit purposes [work and work related purposes not same?]. But you may have to give your patient new medical statements if
– they decide to appeal against our decision
– their condition gets significantly worse
– they have a new medical condition.
We have sent your patient a summary of the Limited Capability for Work Assessment”
DWP ESA65B 04/10 standard letter. FOI request 30/12/16 – Emphasis added

This post was devised after a Liverpool Echo video and newspaper report:

Netherley dad James Harrison DIES 10 months after DWP tell his GP not to write any more sick notes‘ (29 DEC 2016)  > Video: James Harrison’s furious daughter Abbie says Job Centre bosses interfered in the doctor-patient relationship  (Source: stop-pip.org)
abbie
“…he was sanctioned to death by the DWP”
+ ‘Daughter’s fury after DWP tell doctors not to write sick note for dying father‘ (29 DEC 2016), Jobcentre ‘secretly told dying man’s GP to stop giving him sick notes’ (29 Dec 2016) and ‘Jobcentre tells GP to stop issuing sick notes to patient assessed as ‘fit for work’ and he died‘ (December 2016). Together with responses to subsequent Freedom of Information Act requests,  [30/12/16 & 18/1/17]

and following discussions with @pennyanderson1, @AnitaBellows12 and @AmateurFOI

– Background material

The context of these comments take place against a background of a DH/DWP consultation on ‘fit-notes’ and the new ‘work and health programme’, which ends 17 February 2017.

DWP letter to GPs following ESA refusal (19 November 2010) http://www.rightsnet.org.uk/forums/viewthread/709/

Doctor Refusing to Provide Med Cert due to DWP Letter (15 December 2010) http://www.rightsnet.org.uk/forums/viewthread/824/

Where a client “fails” the WCA – does the DWP tell GPs not to issue a medical certificate? (7 July 2011)
https://www.whatdotheyknow.com/request/where_a_client_fails_the_wca_doehe_wca_doe.

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