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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Can a ESA branch manger write to your doctor and tell them

Customer Question

Can a ESA branch manger write to your doctor and tell them to stop issuing you with sick notes because the ESA have decided that you are fit for work?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

I've been asked to look at this.

Is there any reason you think they could not please?
Customer: replied 4 years ago.

Because they are not qualified in any medical way and would be over riding the opinion of a doctor. What if the doctor acted on this request from the ESA which resulted in the claimant suffering a relapse and or some other impairment to their well being. My understanding is that the ESA / DWP take no responsibility for their actions in such circumstances.

Your initial response fills me with gloom to think that the state, through its officers and agencies can simply disregard the medical assessment, which would be up to date / current, of a persons doctor or medical consultant.

Expert:  Jo C. replied 4 years ago.

I don't think they are saying that they know more than him.

What they are saying is that you have been independently assessed and they do not accept that your condition renders you unfit for work so the sick notes will not be accepted.

Whether he keeps issuing them is another matter but not all sick notes are accepted