“Failure to submit to a medical”

On 29 July 2011 my client was found not to be entitled to ESA as he did not attend his medical assessment. A revision request was lodged (which has still not yet been looked at yet) to argue that he had “good cause” for not attending. He stated categorically he knew nothing about the assesment as he had not received an appointment letter of phone call.

In the meantime, he made a new claim for ESA in September 2011 and had to wait till 20 December 2011 for a new medical assessment date. He had to live off his small amount of savings as ESA could not be paid till he had the new medical as this claim was made within 6 months of being found fit for work.

Sadly, when he went to his assessment he admits to being rather “frank” with the medical assessor in his views of ATOS and the assessment process. The assessor declined to carry out the medical asessment as the client was being verbally aggressive and he was asked to leave the builiding.

The DM has told us over the phone that he is issuing a decsion to say no new medical assessment will be offered and client is being found fit for work as he “failed to submit to the medical assessment”.

He had been getting ESA + WRAC prior to July 2011 as he had previously satisfied the work capability assessment.

Any there any issues about the timing of when a new claim for ESA can now be made??

Many thanks!

Wouldn’t the best way to proceed be to appeal the decision that he fails to meet the criteria for an award of ESA?  He must surely meet the criteria that he occasionally or frequently ‘has uncontrollable episodes of agressive or disinhibited behaviour that would be unreasonable in any workplace’.

Sounds like a clear cut case to me - and how can they argue? 

Mairi

We are going to appeal the decsion, as I agree with you - it clearly shows how he meets descriptor 17.

However, my concern is how do we get my client some income in the quickest way? I am presuming ESA wont be paid on appeal as he still has not had a WCA - the 1st he missed and the 2nd he refused to take part in?

He is not well enough for JSA.