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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6342
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am not feeling well and not fit . I asked the GP for

Resolved Question:

I am not feeling well and not fit for job. I asked the GP for medical report he refused to do so , on 2012 he wrote a medical report for the same sickness and I am using medication for life. I applied for ESA since 02/06/2015 they telling me that I am entiteld but they will not pay me unless I provide the medical report or a sick note.
since that time I don't have money , and all these stress make me sick, high blood sugre, chest pain and high acids in my stamuch. WILL YOU PLEASE TELL ME WHAT CAN I DO .
HOW YOU CAN HELP ME .
THANKS
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. On what grounds has the GP refused to supply the report?
Customer: replied 2 years ago.

THE GP SAID THAT UNLESS ESA ASKE HIM ABOUT THAT HE WILL NOT ISSUE THIS, AND HE THINK THAT I CAN DO A JOB, HE CALLED THEM, AND THEY TOLD HIM THAT LATER AFTER I GET THE BENEFIT THY WILL CALL ME FOR MEDICAL ASSESMENT, AND THIS MAY BE AFTER A YEAR OR MORE. THE SAME GP DONE THIS BEFORE FOR THE SAME BENIFT.

Expert:  Jenny replied 2 years ago.
Is the doctor saying they will not issue a fit note to support you because they think you are fit to work?
When did you last work?
Customer: replied 2 years ago.

I DIDN'T DONE ANY JOB TILL I ARRIVED TO THIS COUNTRY IN1993, SINCE I WAS IN INCOME SUPPORT BECAUSE OF THE SAME SICKNESS, IN 2001 THE SAME GP WROTE FOR ME A MIDICAL REPORT,TILL 2012, HE WROTE ANOTHER MEDICALL REPORT FOR THE SAME SICKNESS.

Expert:  Jenny replied 2 years ago.
Ok have you made an appointment at the Job Centre with an ESA advisor, I am not clear why they have not requested a report from your doctor?
Have you formally received a decision to say you are not entitled to ESA?
Why do you think your doctor is refusing to help you?
Customer: replied 2 years ago.

I ASKED THEM TO DO THAT BUT THEY SAID THEY WILL NOT DO,BECAUSE I HAVE TO ***** NOT THEM THIS IS THE NORMAL THING.

I RECEIVED A LETTER FROM THEM THAT I WAS ENTITLED TO ESA, BUT THEY WILL NOT START TO PAY FOR ME UNLESS I PROVIEDE THE MEDICAL REPORT,

I DON'T KNOW WHY HE REFUSING, ALTHOUGHT HE DONE IT BEFOR?

Expert:  Jenny replied 2 years ago.
Is he the only GP in the practice?
Customer: replied 2 years ago.

I CHANG THE GP AFTER THIS PROBLEM THREE WEEKS AGO, SHE SAID THE SAME THINGS BECAUSE THE PREVIOUS ONE SENT HER THE NOTE TELLING HER WHAT HAPPENED WITH HIM.

HE IS THE ONLY PRACTICE ..

Expert:  Jenny replied 2 years ago.
Ok well the problem is that you cannot force a GP to support your application for ESA if they do not agree that you suffer the symptoms. If you believe that the GP is being discriminatory towards you by failing to support you then you could report him to the General Medical Council.
You are entitled to get a second opinion from another GP you may need to register with another GP practice in order to do this.
I would suggest that this is the approach you take in the first instance.
Expert:  Jenny replied 2 years ago.
I note you have rated my answer Poor, what else would you like to know about this?
Customer: replied 2 years ago.

can you refund my money back, because you did,t help me .

Expert:  Jenny replied 2 years ago.
I can ask for them to refund or I can try to help you. If you tell me what you would like to know about this?
Customer: replied 2 years ago.

how you can help me? I told you that I changed the GP already, and said the same thing.

Expert:  Jenny replied 2 years ago.
Yes I know you did, in relation to the second GP did they examine you or rely solely on the notes of the original GP.
Is the second GP a sole practitioner or are there other GP's in the practice?
Customer: replied 2 years ago.

she didn't examine me,she rely on the notes of the original GP

I don't know but there are many GP's in the practice.

Expert:  Jenny replied 2 years ago.
You should call the practice manager and ask for an appointment to see another GP.
You should tell the practice manager you are unhappy that the GP relied on the notes of the original GP as the purpose of changing GP was to gain a second opinion and this is impossible without an examination. You should say you are not satisfied with this and want to see a GP who will examine you and give you a second opinion to support your ESA application.
Without seeing another GP it is difficult to see how you can resolve this as it is a requirement of ESA that you get medical evidence to support your application.
I know that this is not ideal for you but it is the reality of the situation.
If you believe that you are being discriminated in access to this medical report due to your nationality then this is something you can point out to the practice and potentially report to the General Medical Council if it is not resolved.
If there is anything further I can help you with please let me know. I would be grateful if you would change your rating to at least OK as I am not otherwise credited for my time. I will be happy to answer your follow on questions.
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