Help - Refused home visit for medical for ESA

Jeff1 wrote:

Hi, Could you not request home visit under the DDA, as an sdjustment?. Best Wishes

Hi J,

This may be an option for claimants under "reasonable adjustments" of EA2010, that could be made formally, and included with your ESA50.

See information here :

www.direct.gov.uk/en/DisabledPeople/Righ...ityRights/DG_4001068

And :

Adjustments for disabled persons
20.Duty to make adjustments.
21.Failure to comply with duty.
22.Regulations

From this document :

www.legislation.gov.uk/ukpga/2010/15/contents/enacted

However, I feel that you would need the full support of your G.P., as in the ESA113 in my previous post on this thread.

Also, it is not that straight forward, in that you first have to prove that you fulfill the criteria of being classed as "A Disabled Person" under DDA.

bro58

bro58 wrote:

it is not that straight forward, in that you first have to prove that you fulfill the criteria of being classed as "A Disabled Person" under DDA.

ME/CFS is accepted as a disability under the terms of the DDA, (and this has been tested in law, see eg www.thompsons.law.co.uk/ltext/l0280003.htm for a reference) so presumably a diagnosis should be sufficient?

regards
Rainbowlight

Hi Jeff and bro58,

Thanks for this information. I was aware that ME was covered by the DDA but I couldn't find the appropriate link for it so thanks for that.

I did not include this information when I sent my daughters form off. Can I use it now?

Also I now have a copy of the GPs report and letter requesting a home visit. The report is not too bad but it is inaccurate inasmuchas the GP has the year of diagnosis wrong by 7/8 years. They have not included medications nor other medical conditions she has but they have included comments from me which I do not remember making nor are they comments I am likely to have made because they do not concur with my beliefs on ME as well as other medical information which is irrelevant to this medical. They have ticked the box as to whether my daughter can travel to a centre and then put a note by the side of it saying "I think so".

Will I be able to challenge that report when my daughter has her medical?

Many thanks to everybody for all your help.

Hi Jeff and bro58,

Thanks for this information. I was aware that ME was covered by the DDA but I couldn't find the appropriate link for it so thanks for that.

I did not include this information when I sent my daughters form off. Can I use it now?

Also I now have a copy of the GPs report and letter requesting a home visit. The report is not too bad but it is inaccurate inasmuchas the GP has the year of diagnosis wrong by 7/8 years. They have not included medications nor other medical conditions she has but they have included comments from me which I do not remember making nor are they comments I am likely to have made because they do not concur with my beliefs on ME as well as other medical information which is irrelevant to this medical. They have ticked the box as to whether my daughter can travel to a centre and then put a note by the side of it saying "I think so".

Will I be able to challenge that report when my daughter has her medical?

Many thanks to everybody for all your help.

Hi d,

I do not know whether your daughter has received a definate appointment for her medical yet, and if she has, how much time you have to challenge it.

It would do no harm to challenge it, if you have enough time. You could contact ATOS by phone, (ask to talk to a team leader) from contact information on their website (Provided in previous post in this thread) informing them of your potential challenge to this under DDA, and back it up in writing.

You could also inform them that you have contacted your M.P.

I doubt whether the assessing HCP at the medical would pay much attention to any challenge at the time of the medical, if one actually takes place, however you could send any such challenges to ATOS and the DWP now, keeping copy. (preferably recorded delivery)

It would certainly not help your request for a home assessment if the G.P. has ticked "Yes" to question 6, of the ESA113, and you may wish to challenge the "I think so " comment.

It would certainly help if your G.P. would provide a letter to state definately that your daughter would be unable to attend.

This is why I always advise members to discuss the matter of being able to attend a face to face assessment with their G.P., as soon as possible in the migration process.

See here for a list of ESA Documents that you may wish to request after you have received notification of any ESA award ;
ESA medical – what forms to ask for?

bro58

Hi Bro58,

Thank you for your brilliant response.

Yes, my daughter does have a definite appointment which is supposed to be next Tuesday 13th at 2.40pm. I will need to change this because she will not be able to cope with an appointment at that time of day as she only has a 2 hour period during the day when she is sometimes out of bed.

I will take your advice and challenge the report immediately with both Atos and the DWP and also talk to them about the DDA.

I am still waiting for my MP to ring but I have been advised he is in Parliament today and is probably still in the chamber.

Many thanks again this website and forum are fantastic.

disillusioned wrote:

Hi Bro58,

Thank you for your brilliant response.

Yes, my daughter does have a definite appointment which is supposed to be next Tuesday 13th at 2.40pm. I will need to change this because she will not be able to cope with an appointment at that time of day as she only has a 2 hour period during the day when she is sometimes out of bed.

I will take your advice and challenge the report immediately with both Atos and the DWP and also talk to them about the DDA.

I am still waiting for my MP to ring but I have been advised he is in Parliament today and is probably still in the chamber.

Many thanks again this website and forum are fantastic.

Hi D,

Good luck, and please keep us updated.

May I just remind you again that you may wish to change your username, from that of your e-mail address, as the forum is open for anybody to read.

You can do this by contacting :

This email address is being protected from spambots. You need JavaScript enabled to view it..

Informing them of your current username, and the username that you wish to change to

cheers

bro58