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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA - claimant refusing to have an assessment

 

JojoMitchell
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Disability Law Service, London

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Total Posts: 136

Joined: 10 July 2017

Hi
I’m trying to prepare an appeal Submission for a claimant who refused to attend an assessment.  He called in advance to state that he couldn’t travel so the assessment was cancelled and he didn’t ask for a new date or a home assessment.

The client completed the BF223 form enclosing his PIP tribunal award showing an award of Activity 1e (cannot undertake any journey).  Client has aggression issues, anxiety and depression.  He additionally has a urethral stricture which means he has to put in a catheter several times a week.

The client wants the DWP to use his previous medical info to make a decision.  He completed a very angry ESA50 to this effect!

I have read case law but it relates to reasons for missing the medicals rather than the client refusing to have one.  CIB/111/98 reports that it would be arguable that a person who says that they would definitely not attend fails to submit to it.

Any advice - have medical evidence from his GP that states he cannot travel but its the refusal of attendance I am concerned will override any good cause…

Thanks!

     
ClairemHodgson
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Solicitor, SC Law, Harrow

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if the medical evidence is that he cannot travel (thus, good cause for not going) why do you think that insufficient for good cause?  the more so since it was there previously so its not as if they don’t know he can’t travel and so can’t attend.  also equality act duties?

     
JojoMitchell
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Disability Law Service, London

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Total Posts: 136

Joined: 10 July 2017

Just covering all bases especially as ADM 3/14 mentions when a claimant has called the Medical Services.  Also last FTA appeal was unsuccessful at Bexleyheath!