spasm wrote: Hello Everyone,
I am writing this for my husband - spasm - he is worried about a specialists appointment he has next week.
If the specialist said that these injections are an option, but spasm said he doesn't want them. Would this be classed as a "refusal of medical treatment"? And would this go against him in any future medicals or reviews?
Thank you,
yours
Mrs Spasm
No and yes.
I have not heard of a single case of the DWP challenging a claimants decision not to accept treatment, I sure it would be covered under the Human Rights Act.
However, there is now a clause in the ESA Regulations in regard to the Exceptional Circumstances Regulation 29, for the WRAG, which allows the Decision Maker to consider treatment or medication
prescribed by a doctor, but once again, I am not aware of this being invoked.
DLA is slightly different in that Case Law suggests that medication can be considered if it is reasonably to expect the claimant to use it, but even then there is a matter of degree, taking a prescribed tablet is very different from submitting to an injection.
Gordon
