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TOPIC: too ill too attend medicals

too ill too attend medicals 8 years 7 months ago #55141

  • Sue
sorry I couldn't find this in your guides. What does the law say about someone who is too ill to travel to the centres for medicals. I know of two cases of people housebound with severe ME have lost their benefits because they couldn't attend. they both had provided GP letters stating that fact. What can people do in those situations?
I am housebound with ME and I am very concerned about this.
Thanks

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Re:too ill too attend medicals 8 years 7 months ago #55144

Hi Sue,

If you are refused a medical at home and you are unable to attend the medical at the centre you would have to appeal against the refusal to award you ESA.

You would be refused ESA on the grounds of failure to attend a medical and would appeal on the grounds that you had good cause not to attend. You might also want to get advice about bringing an action for disability discrimination on the grounds that the DWP had failed to make a reasonable adjustment by holding your medical at home.

Good luck,

steve

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:too ill too attend medicals 8 years 7 months ago #55149

  • originaldave
Steve Donnison wrote:

Hi Sue,

If you are refused a medical at home and you are unable to attend the medical at the centre you would have to appeal against the refusal to award you ESA.

You would be refused ESA on the grounds of failure to attend a medical and would appeal on the grounds that you had good cause not to attend. You might also want to get advice about bringing an action for disability discrimination on the grounds that the DWP had failed to make a reasonable adjustment by holding your medical at home.

Good luck,

steve


How sick is too sick for the DWP ? We hear on here of people asking for a home visit, but who gets a home visit ? In many areas of the UK now home visits from your GP or out of hours Drs is for the near to death only and under the NHS GP contract rules no one has a right to a home visit ... as more GP are now part of medoc or there are gp type departments in A&E .. how will people be able to put a case for a home medical when gps will stop coming ?

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Re:too ill too attend medicals 8 years 7 months ago #55187

  • Sue
Thanks Steve. How do you appeal? There is a system of appeal if you fail WCA but in this instance. And its very true about GP visits, I've been housebound for nearly a year, I have conversations on the phone but her to come out....I would have to be dying.

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Re:too ill too attend medicals 8 years 7 months ago #55188

Hi Sue

You appeal in the same way as you would for failing the WCA. First you need a decision letter confirming that ESA has been refused, then you complete the GL/24 stating why you had good cause for failing to attend the medical.

Regards

Derek

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Re:too ill too attend medicals 8 years 7 months ago #55189

  • Sue
thank you

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