ESA forms (formerly IB113)

• These are replacing IB113
• No fee is payable and you are obliged to provide the information

Further info here

ESA Appeals and Medical Evidence

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 this work is not part of NHS work and these patients often are in a difficult financial position making it hard for some GPs to feel they can charge the patient for this work.

This was information received from an LMC secretary in England who provides useful information

"I sit on Employment and Support Allowance appeals.

The criteria for ESA are VERY much stricter than for Incapacity Benefit, which it replaces. Although the Department for Work and Pensions talks about the test defining the claimants 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 neccessarily 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."

 

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 certain information to a Medical Officer when requested. However, under their NHS contract there is no requirement for GPs to provide reports or offer an opinion on incapacity for work to anyone else unless requested to do so by Jobcentre Plus.
 

Claimants should contact Jobcentre Plus or the Appeals Service, where appropriate, if they think that further medical evidence is necessary to support their claim or appeal. They should state clearly their reasons for believing that further evidence is necessary.

If Jobcentre Plus or the Appeals Service consider that further medical evidence is necessary, they will seek it. They will be responsible for paying any fee to the doctor providing the report.

So NHS GPs are under no obligation to provide such evidence to their patients nor to provide it free of charge. If a GP does not agree to provide additional evidence for their patient then it is a private matter to be resolved between the GP and their patient.