The Department for Work and Pensions' (DWP) ESA65B letters, sent to ESA claimants' GPs are not to dissuade GPs from issuing fit notes for ESA appeal purposes. To claim otherwise is inaccurate. That said, the DWP has recognised that GPs have not found the letter clear on this point. The DWP are updating it with input from medical organisations and intend to clarify this with GPs in the meantime. 

To clarify, claimants can be paid Employment and Support Allowance (ESA) whilst appealing a decision, the rate of which is equivalent to that of Jobseeker's Allowance. In order for someone to be paid ESA pending an appeal they need to provide the DWP with fit notes in order to be treated as having Limited Capability for Work until the appeal is determined. This does not apply when the claimant fails a second Work Capability

Assessment or if the claimant's GP does not provide them with a fit note during the appeal period. In which case, the claimant would need to claim new style Jobseeker's Allowance or Universal Credit.