traybell wrote: Hi recently joined B+W.Have CFS Anxiety and Depression ,no problems claiming before now.Last filled in ESA form NOV2013.Then called to ATOS Dec 2014.Only got 6points for coping socially.Had MR no change- DM Said i couldn't have more points for cope soc because i was no longer taking medication and no input from mental health service.However before i asked for MR I was put back on medication and refered to mental health service by GP after self harming incident.I wrote and told them about this in my MR submission.Did they ignore it because it was after the atos assessment, and will a Tribunal do the same even though it does prove the substantial risk reg 29,35.Have read guides and filled out SSCS1A Form with help from CAB.Now trying to put together appeal submission,i have a history of self harming but atos/DM Dont seem to take account of this.
Is that legal? Surely they cannot discriminate against someone for not taking medication nor for not having help from medical services - after all depression etc can induce a state where you withdraw from medical services.
It will depend on the circumstances, there is Case Law that supports the DWP assuming the use of medication where it is reasonable for them to do so, the key thing is for the claimant to show that it is not reasonable, this could be because in reality treatment is not available, it is of little value or the effects of the treatment are debilitating in themselves, etc.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
