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Refusing to see a Community Psychiatric Nurse

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11 years 8 months ago #89590 by Allen
Just had a letter from DWP saying that my ESA (CB) benefit is being withdrawn as I refuse to see a Community Psychiatric Nurse re my mental health side of life - my mental health is fine - its my physical side that is out of the window.

Can I refuse to see a CPN as the Team that I am referred to I worked with as a CPN myself!!! as I am a community psychiatric nurse and I am refusing to go on the grounds of conflict of interest? Been told by DWP that I must attend as they wish a report on my mental health asap. The CPN's told me to come along for the appointment and we will all go down the pub instead!!!!

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11 years 8 months ago #89593 by Gordon
Allen

On the assumption that this is a request for you to be assessed by the CPN, rather than for treatment, then the DWP are entitled to withdraw your entitlement to ESA, for non attendance.

If you persist in your non-attendance your claim may be closed.

This is an appealable Decision, if you have Good Cause for your not attending, that you potentially know the CPN in question, may constitute Good Cause, have you informed the DWP of this and requested another CPN be assigned?

Gordon

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11 years 8 months ago #89596 by Crazydiamond
Replied by Crazydiamond on topic Re:Refusing to see a Community Psychiatric Nurse
Allen wrote:

Just had a letter from DWP saying that my ESA (CB) benefit is being withdrawn as I refuse to see a Community Psychiatric Nurse re my mental health side of life - my mental health is fine - its my physical side that is out of the window.

Can I refuse to see a CPN as the Team that I am referred to I worked with as a CPN myself!!! as I am a community psychiatric nurse and I am refusing to go on the grounds of conflict of interest? Been told by DWP that I must attend as they wish a report on my mental health asap. The CPN's told me to come along for the appointment and we will all go down the pub instead!!!!


The DWP are instructed that medical treatment whether it be carried out by a CPN or otherwise, cannot be regarded as an activity, which, if not undertaken, can leave the claimant subject to sanctions or a withdrawal of their ESA entitlement.

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11 years 8 months ago - 11 years 8 months ago #89605 by carruthers
Replied by carruthers on topic Re:Refusing to see a Community Psychiatric Nurse
So it all depends on whether they are demanding that Allen sees a CPN for an assessment or for treatment? The assessment they can demand, and should be humoured, the treatment is definitely beyond their powers and he can tell them to take a running jump (but keeping good records just in case!)
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #89610 by Crazydiamond
Replied by Crazydiamond on topic Re:Refusing to see a Community Psychiatric Nurse
If the CPN was employed as an Atos approved disability analyst, a medical assessment cannot be declined without putting benefit entitlement in jeopardy to the extent is could be terminated, but it appears from the information in the post the CPN in question is not an Atos employee.

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