Menu Home Search

ESA Appeals and Medical Evidence

Updated on Tuesday, 1 September 2015, 968 views

As the rules tighten more people are losing their ability to claim. Many are likely to appeal and ask their GP to help in this appeal. This puts GPs into a difficult position as  although this is not NHS work  and is therefore chargeable, these patients often are in a difficult financial position.  The following comes from an officer of another LMC  who sits on ESA appeal panels:

“The criteria for ESA are much stricter than for Incapacity Benefit, which it replaced. Although the Department for Work and Pensions talks about the test defining the claimant’s ability to work, it does no such thing. You have to pass the test ((score 15 points) to claim the benefit. If you don't you have to claim Job Seekers Allowance. This does not necessarily mean that you are fit for work or employable.

It is likely that nearly all applicants will appeal as you continue to get ESA until your appeal is determined.

If the appeal panel hears a case and thinks it would be helped by further medical evidence it can adjourn the case and ask for a GP report or for a copy of the records. The Tribunals Service will pay for these, not a very high rate but better than nothing. The practice does not, therefore, disadvantage a patient if it declines to do a report for at the patient's request before the appeal."

Related guidance...

Certification - Patients Claiming Benefits

Practices are not obliged, either by statute or contract, to complete reports requested by organisations assisting people with their...

Staff Holiday Update

Aren't Holidays Supposed to Be Restful?! Adrian Poole, Partner at Porter Dodson Solicitors, updates you as to the legal position over...

Somerset LMC weekly Update Friday 18th November 2016

All Somerset GPs and Practice Managers This and previous updates can be found here...

Collaborative Arrangements

Since 1974 collaborative arrangements have enabled local authorities to secure primary care medical services that are essential for the...

Providing Reports on Incapacity to Patients

GPs, as certifying medical practitioners, have a statutory obligation to provide statements of incapacity to patients on their list and...

Safeguarding: Filing of Child Protection Documents

The LMC has decided to issue a more detailed position on this area. The GMC states the following: “You should store information or...

Safeguarding: Filing of Child Protection Documents

The LMC has decided to issue a more detailed position on this area. The GMC states the following: “You should store information or...

Personal Independence Payment PIP and disability living allowance

England only From 23 February 2015 the DWP will extend the areas in which existing Disability Living Allowance (DLA) claimants will...

Legal ruling puts dramatic new cost on holidays

Tuesday's ruling in the Employment Appeal Tribunal has confirmed that holiday pay should include overtime pay, even if undertaken...

Workforce Minimum Data Set

Workforce Minimum Data Set - GPC Focus on May 2017 Introduction The GPC has been active in dialogue with the Department of Health...