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TOPIC: Do I need to have a medical

Do I need to have a medical 9 years 3 months ago #27985

  • lee
Could anyone please help. I have review going through for DLA (already awarded high mob and low care), due to the fact that it has taken so long for ATOS/DWP to make a decision, I requested the DWP to make decision on what they had, they have made the decision for it to remain the same and said they were sending it for tribunal, today I received a letter for me to attend a Medical Assessment with ATOS, I telephoned the DLA who said the DLA said it would be good for me to attend as although it is now going for Tribunal they could still alter their decision depending the outcome of the medical, I have had trouble before with ATOS when I was put on Support component of ESA and do not trust their judgement, does anyone know if I have to attend the medical. Would it be detrimental to my appeal at tribunal not to.

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Re:Do I need to have a medical 9 years 3 months ago #28011

If the DWP have arranged the medical assessment, it would appear to be odd that they have already forwarded your DLA case papers to the Tribunals Service, having already made a decision on your claim.

In this situation, your case papers should be recalled by the DLA Unit from The Tribunals Service until such time as the medical assessment has taken place. The appeal may lapse if the EMP report is favourable and you receive everything you expect by way of a just award. Under normal circumstances the case papers should be retained by the DLA Unit until all action has been completed, including a medical assessment if appropriate.

On the other hand, if exceptionally the TS has arranged the medical assessment, which would be very unusual indeed prior to a hearing (this would need to be a direction by a district judge), either way it would be in your best interests to attend the examination. Failure to submit to a medical assessment could have an adverse effect on your DLA claim, including your current entitlement under appeal.

Whatever the situation, it seems that the decision to refer your case to The Tribunal Service was at the very least premature and potentially unnecessary.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Crazydiamond. Reason: Grammar correction.

Re:Do I need to have a medical 9 years 3 months ago #28016

  • lee
Many thanks for the info, the reason it was sent for tribunal was that I requested they make a decision as my review was requested 5 months ago and they just kept telling ATOS would be in touch soon and never were, so I said that no decision was as good as a negative one, low and behold the day after they said they had made the decision and put it to tribunal at my request ATOS letter arrived.

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