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Law on fitness to attend an ESA medical
- Rigmarole
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10 years 6 months ago - 10 years 6 months ago #112026 by Rigmarole
Law on fitness to attend an ESA medical was created by Rigmarole
I’m applying for renewal of my ESA Support Group status. When I first applied, I asked my GP to confirm that I would be unable to attend a medical. My GP knows that I can’t always attend his surgery when I need to because I’m mostly housebound due to my severe ME/CFS and even when I can, I have to take a taxi door to door and lie down on a couch in a side-room until he’s ready to see me. It takes me the rest of the day at least to recover. Nevertheless, last year when I applied for ESA, he thought it reasonable for me to attend a medical. I don’t: I don’t even have enough energy for self-care and I don’t think that someone in that position should have such demands placed on them.
What is the law on judging whether someone is fit to attend a medical? I’d like to quote it to my GP.
What is the law on judging whether someone is fit to attend a medical? I’d like to quote it to my GP.
Last edit: 10 years 6 months ago by Gordon.
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10 years 6 months ago #112027 by Gordon
In terms of ESA there is none, it is entirely at the discretion of ATOS as to whether they allow a home assessment and will require evidence from your GP that you are unable to attend.
You might have some leverage from the Equality Act, but I think it unlikely, even if you did it would most likely be retrospective i.e. a claim against ATOS for making you attend rather than one avoiding the need to attend.
Please remember that a failure to attend can lead to your claim being closed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Law on fitness to attend an ESA medical
Rigmarole wrote: I’m applying for renewal of my ESA Support Group status. When I first applied, I asked my GP to confirm that I would be unable to attend a medical. My GP knows that I can’t always attend his surgery when I need to because I’m mostly housebound due to my severe ME/CFS and even when I can, I have to take a taxi door to door and lie down on a couch in a side-room until he’s ready to see me. It takes me the rest of the day at least to recover. Nevertheless, last year when I applied for ESA, he thought it reasonable for me to attend a medical. I don’t: I don’t even have enough energy for self-care and I don’t think that someone in that position should have such demands placed on them.
What is the law on judging whether someone is fit to attend a medical? I’d like to quote it to my GP.
In terms of ESA there is none, it is entirely at the discretion of ATOS as to whether they allow a home assessment and will require evidence from your GP that you are unable to attend.
You might have some leverage from the Equality Act, but I think it unlikely, even if you did it would most likely be retrospective i.e. a claim against ATOS for making you attend rather than one avoiding the need to attend.
Please remember that a failure to attend can lead to your claim being closed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 6 months ago #112029 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Law on fitness to attend an ESA medical
Rigmarole
Just to add, the only other avenue would be Health and Safety, there are two aspects to this.
If your ATOS office is not on the ground floor of the building you may be able to get it changed if you stated you would not be able to use the stairs in the event of a fire.
Secondly, which I suspect is not relevant, there are restrictions in regard to certain medical apparatus, oxygen cylinders being a good example.
Gordon
Just to add, the only other avenue would be Health and Safety, there are two aspects to this.
If your ATOS office is not on the ground floor of the building you may be able to get it changed if you stated you would not be able to use the stairs in the event of a fire.
Secondly, which I suspect is not relevant, there are restrictions in regard to certain medical apparatus, oxygen cylinders being a good example.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Rigmarole
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