Amber wrote: Hi,
Regarding us all having to undertake more medicals this Autumn. I was wondering if I have the right to have my medical at home and would I require a letter from my GP to request this. Also am I able to have a solicitor with me whilst having the medical? I am so worried about loosing my benefit and I know this is the governments plan to remove us from DLA ect on to job seekers allowance. This worry is really affecting my health. I have been told by the Cardiologist to avoid stress. I am just not well enough to go through the whole appeal system again yet alone go to work. I would be grateful for any advice. thanks
The migration of IB claimants to ESA will commence on a trial basis in Burnley and Aberdeen in October 2010, and will be extended to all IB claimants from February 2011. The anticipated date for the reassessment of all DLA claims for people of working age will commence in 2013.
Following the migration of IB claimants to ESA, there are likely to be a massive amount of appeals, not because a claimant's medical condition has improved, but because they are being subjected to a much harsher test under the WCA. Effectively what is happening is that the previous government moved the goalposts big style.
Given the fact that to date the combined amount of IB and ESA appeals amounts to 179,000 already, the whole system is likely to collapse under the pressure of a further deluge of appeals. Whether this will be to the detriment of claimants, only time will tell? Furthermore, in my opinion, the government may be forced into a retreat in their quest to reassess the vast majority of DLA claimants starting in 2013, as this would undoubtedly attract another flood of potentially unmanageable appeals.
On your substantive question, if you were to request a medical assessment at home for ESA, you would need very strong compelling evidence from your GP, as Atos are extremely reluctant to consent to domiciliary medical assessments. At the moment, DLA medicals are normally carried out at a claimants home, but it is anticipated that when the DLA reassessment commences in 2013, the medical examination will be held in a medical examination centre nearest to a claimant's home address. In these circumstances, again it would be likely that you would require compelling medical evidence to allow an assessment at home.
On the question of having a solicitor present at a medical assessment, this may prove to be costly, but there is nothing in the regulations which would necessarily prevent the attendance of a lawyer if so required.
