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too ill too attend medicals

  • Sue
  • Topic Author
12 years 11 months ago #55141 by Sue
too ill too attend medicals was created by 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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12 years 11 months ago #55144 by Steve Donnison
Replied by Steve Donnison on topic Re:too ill too attend medicals
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

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

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  • originaldave
12 years 11 months ago #55149 by originaldave
Replied by originaldave on topic Re:too ill too attend medicals
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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  • Sue
  • Topic Author
12 years 11 months ago #55187 by Sue
Replied by Sue on topic Re:too ill too attend medicals
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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12 years 11 months ago #55188 by Derek4
Replied by Derek4 on topic Re:too ill too attend medicals
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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  • Sue
  • Topic Author
12 years 11 months ago #55189 by Sue
Replied by Sue on topic Re:too ill too attend medicals
thank you

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