These letters have caused irrevocable damage + continue to do so as long as they exist. 'Summer' is too long. The @DWP must #ScraptheLetters NOW. @DWP must consult with the ill + disabled people who these damaging letters affect, then they will see ESA65B should go altogether. pic.twitter.com/z7erVIFtG8 — Zacchaeus 2000 Trust (@Z2K_trust) April 15, 2019

*NEW: ‘Exposed: More DWP attacks and lies on GP ‘Fit -Note’ and ESA appeal rights‘

(29/4/19)

The Z2K Trust has a campaign to abolish “altogether” the DWP ESA65B letter which is sent to patient GPs advising them to not continue issuing ‘fit-notes’ when a Work Capability Assessment reaches a ‘fit for work’ decision. Even though a GP should continue issuing ‘fit-notes’ when a claimant is appealing against the ‘fit for work’ decision or has asked for a “reconsideration”.

“GPs don’t have to provide fit notes where their patient has been found fit for work following a Work Capability Assessment (WCA) unless: their patient’s condition gets worse

their patient develops a new disability or health condition

their patient asks the GP for evidence for a reconsideration * or appeal against a WCA decision” (emphasis added) FOI reply: ‘Fit-for-Work ESA65B letter: Current and 2010 versions and claimant consent to send it to a Doctor/GP‘ – 5 April 2019 *“reconsideration” is referring to a ‘Mandatory Reconsideration‘.

However, the DWP have been claiming that the wording of the latest version of the ESA65B was ‘agreed‘ by the British Medical Association (BMA) and the Royal College of GPs’ (RCGP) on 4 August 2016, based upon “close and extensive working between DWP, BMA and RCGP.” Though curiously the DWP did not retain any evidence of this decision.

(Current ESA65B – original version)

“The British Medical Association and the Royal College of General Practitioners agreed to the revised wording of the ESA65B on 4 August 2016.”

Source: ‘Employment and Support Allowance:Written question – 228789‘ – Answered on: 13 March 2019

Today the Work and Pensions Committee has published Doctors views on ‘fit-notes’, ESA appeals and the now infamous ESA65B letter.

To quote:

BMA

““By way of background the BMA attends meetings with the RCGP and the DWP where information is shared with the aim of improving working practices between the DWP and clinicians. While the BMA may act in an advisory capacity it does not have the authority to clear, approve or otherwise sign off any DWP correspondence or policies and would see this as being clearly outside of our remit…At a meeting with the DWP and RCGP a BMA representative was given sight of the ESA65B amended letter. The BMA considers that sight of this letter was for the purposes of information sharing and did not agree or otherwise sign off the content of the letter.””

RCGP

“We are aware that the Department claims that ‘The British Medical Association and the Royal College of General Practitioners agreed to the revised wording of the ESA65B on 4 August 2016’. However, there is some ambiguity about what was said in the referenced meeting with the DWP. Since the DWP did not keep any written records of what was said at this meeting [as DWP admits in its latest letter to the Committee ( PDF 165 KB)], we are unable to provide further clarity.”

In essence the BMA and RCGP are saying the DWP is wrong to suggest they approved the wording of the current ESA65B letter, or in less polite circles this would be called outright lying.

The RCGP is also saying: “a minimum we would want to see the wording of the ESA65B letter urgently changed to its previous wording.” Even though concerns have been raised (video) about the original ESA65B letter for nearly a decade. The DWP has said that a revised version of the letter will be issued in the “summer”.

“It is good that the ESA65B letter will be revised for the summer. Will the Minister pause any further distribution of those letters to GPs?”

Hansard: ‘Ten Years of the Work Capability Assessment‘ – Westminster Hall 24th April 2019

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