Hi

Apologies for this post. I have never dealt with this situation before.

I have a client whose Incapacity Benefit was withdrawn because she did not attend an EMP medical.

Do I just need to show that the client had good cause in not turning up or do I also need to show that she continues to meet the criteria?

Any information about possible stratergies will be much appreciated.

Thanks

Sounds like your client has just been found capable of work on grounds of not attending medical so the appeal will only be looking at whether she had good cause not going

History of claim can be an issue - has she failed to turn up before

If health grounds for not going try to get medical evidence

Very important to check whether she got the letter about the medical

There is no entitlement to reduced IS while appealing this

Also nothing to stop a reclaim in these circs.