- Posts: 57
Can I Demand an Medical Exam?
- billhan
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Can I demand a medical examination and can I equally demand one with a qualified
doctor who would understand a rare condition.
Very worried about a medical examination but think now it is really in my interest
to have one.
It is now eight months since they received my ESA50 and I suddenly realise
if they are reading the form now my medical condition is a lot worse. It is
surely not fair to judge a person on hpw they were 8 months ago.
Also I feel the it might be easier to get over the rare aspects of my condition face to
face or that on paper it is easier for them to ignore.
Has this come up before please ?
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- bro58
billhan wrote: Hi,
Can I demand a medical examination and can I equally demand one with a qualified
doctor who would understand a rare condition.
Very worried about a medical examination but think now it is really in my interest
to have one.
It is now eight months since they received my ESA50 and I suddenly realise
if they are reading the form now my medical condition is a lot worse. It is
surely not fair to judge a person on hpw they were 8 months ago.
Also I feel the it might be easier to get over the rare aspects of my condition face to
face or that on paper it is easier for them to ignore.
Has this come up before please ?
Hi b,
I am afraid that you cannot demand a "medical exam" nor can you demand a face to face (F2F) assessment.
The ESA F2F is not a "medical exam" in itself, although there may be some basic physical examinantion.
It is conducted using the LiMa software programme :
LiMA Guide
The assessor asks you a series of pre-programmed questions, and your response is then typed in.
The LiMA software will then come up with a recommendation depending on the input.
e.g. Q. Do you watch T.V. ?
A. Yes, I watch a lot of movies.
You may then be assessed as being able to sit and concentrate for 1-2 hours without problem.
So the F2F is more over a test of your limitations, and whether you fulfill any of the WRAG and/or SG Descriptors/Activities.
There is no guarantee that you will have to undergo a F2F.
A decision may still be made on paper scrutiny alone.
If an adverse decision was made taking into account information from 8 months ago, and your conditions/limitations had deteriorated or changed, then you could challenge it.
See : ESAMedical – What to expect
bro58
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- billhan
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This is what worries me. You have i think answered my next question that even if
I did have a F2F I could not dictate to them details of my condition.
Would they simply not record things I told them about my condition and just
record the answers to their set questions?
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- slugsta
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There are some conditions that necessitate an assessment by a doctor, but I don't think this list is actually in the public domain. The ATOS stance is that all their HCPs are experts in 'disability ananlysis' having undertaken 'in house' training and, as such, perfectly qualified to carry out the assessments!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- billhan
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Mrs Hurtyback wrote: Hi billhan,
There are some conditions that necessitate an assessment by a doctor, but I don't think this list is actually in the public domain. The ATOS stance is that all their HCPs are experts in 'disability ananlysis' having undertaken 'in house' training and, as such, perfectly qualified to carry out the assessments!
Thanks the information. Sadly this confirms that a decision will probably be made by
someone who has never even heard of my condition.
So presumably the only was to right this is to appeal and that even with the long delay
that my only option is the MR review by themselves?
My other question that on this MR, will they assess me as I was when I
filled out the form 8 months ago or at that moment in time? I assume
there will not be a F2F as part of MR ? (sorry to keep asking questions)
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- bro58
billhan wrote: Thanks the reply.
This is what worries me. You have i think answered my next question that even if
I did have a F2F I could not dictate to them details of my condition.
Would they simply not record things I told them about my condition and just
record the answers to their set questions?
Hi b,
The assessing HCP is supposed to read your ESA50 before the assessment, so they should be aware of your medical conditions.
It is the LiMA software that drives the assessment with it's preset questions, and it's recommendations that are dependent on your responses, as input by the HCP.
Did you make a written request for your F2F to be audio recorded (If you have to undergo one) when you sent your ESA50 in ?
If not you could do so now, or if/when you receive notification that you need to have a F2F.
bro58
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