Results 1 to 10 of 10

Thread: Ignoring my Doctor and intending to cause me harm.

  1. #1

    Ignoring my Doctor and intending to cause me harm.

    A little while ago my assessment nightmare started again, I talked abouut it in another thread but think this is worth an update. I'm severely disabled and rarely leave my home, when I do it has to be something extremely importand as I go through so much pain. No one has the right to cause me pain yet this so called "health advisory sevice" are determined that I must attend an appointment to be assessed.

    They ignored all the evidence and supporting letters I sent from Doctors and specialists and refused my request for a home visit. So a couple of weeks ago I got yet another Doctors letter making it clear I was not fit to attend and would need a home assessment. Once again they ignored it and starting sending me texts to remind me to attend the assessment centre.

    I rang them today to confirm they had the letter, which they did, but had decided not to give me a home assessment. I told them it was impossible for me to attend and was then told someone would ring me to explain their decision.

    Next I rang my MP's senior case worker who deals with assessments and explained what they were doing, she said she would contact them and ask for an explanation.

    This is stressing me out so much its unreal, my angina has become more frequent, Im not sleeping, my nerves are shot. This is assessment number 4 plus a tribunal at the age of 64. I am in support group so the only thing they can achieve is to remove me.

    I suffer from 13 long term health problems, some of them serious, attending an assessment would cause me harm, real actual physical pain. Can they do this when they know it will harm me ? I thought the Law said no one has the right to knowingly cause harm to another person ?

  2. #2
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,104
    There is curently a discussion on rightsnet (the professional advisers forum) about this very issue of home assessments being unreasonably refused.
    (It's about PIP not ESA, but it's still relevant).

    Senior advisors there advise that you should make (write) a request for a home assessment which invokes the Equalities Act 2010.

    This wording should be sufficent:

    "Due to my disabilities I require a home assessment as a "Reasonable Adjustment" under the Equalities Act 2010."

    And back it up with a doctors letter. (If you have one).

    (Remember that with ESA you have to request a Home Assessment AFTER they have sent you an appointment).

    Quoting the Equalities Act at them ensures that they have to take it seriously, and can only refuse on very limited grounds.

    You might ask your MP's worker to also quote the Equalities Act 2010 at them.

    Quotes from a couple of advisors on rightsnet:
    I always suggest that there’s no point in requesting a HV unless it’s done explicitly as a request for a reasonable adjustment under EA 10. That puts the assessment provider right on the spot as any refusal has to then be couched in terms of the small number of legitimate reasons for refusal of an RA and of course in most cases the AP can’t do that. Generally, they’ll either do the HV or mysteriously find reasons to suddenly do a paper assessment and find points so it all goes away.
    I have found this to be an effective approach. The Equalities Act 2010 seems to be the “big stick” and usually provokes the desired effect.
    Last edited by nukecad; 07-06-2019 at 09:20 AM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    Thank you nukecad for a brilliant response as always, you give hope to people like me. I will get another letter off to them following your advice.

  4. #4
    Letter posted off this morning, then I got a call from my MP's office who had contacted them for me to ask why they were ignoring my Doctors letter and saying I had to attend the assessment. She said they absolutely refuse to change their minds and I have to attend. I cant attend, its not possible, I just hope this new letter to them changes that. They told her they would arrange a taxi, that's how determined they are, but it wont help, I refuse to go through all that pain just to suit their purposes. Besides, I'm pretty sure if they got me there it would be a case of, if I'm fit enough to attend I'm fit enough to work. So I'll face the consequences when they come.

    As in an earlier post I'm still convinced that instead of considering my age as a factor in my favor they are actually using it against me (64), if they can remove me from support group before retirement age that's it, I wont get it back. I know you can apply for other things but my chances will be slim if I've been classed as "fit for work".

  5. #5
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,104
    Quote Originally Posted by flyte View Post
    I refuse to go through ....
    Be very, very, careful not to use those words with them, either spoken or witten.

    Saying "I refuse" will allow them to say that it's your choice not to attend, rather than not being able to attend for medical reasons.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #6
    Good point, I'm very careful what I say to them, if I'm going to phone them I write everything down first and try to think of things I might get asked so I'm prepared, same with letters, I write it down, leave it a while then read through a few times.

  7. #7
    Quote Originally Posted by nukecad View Post
    There is curently a discussion on rightsnet (the professional advisers forum) about this very issue of home assessments being unreasonably refused.
    (It's about PIP not ESA, but it's still relevant).

    Senior advisors there advise that you should make (write) a request for a home assessment which invokes the Equalities Act 2010.

    This wording should be sufficent:

    "Due to my disabilities I require a home assessment as a "Reasonable Adjustment" under the Equalities Act 2010."

    And back it up with a doctors letter.

    (Remember that with ESA you have to request a Home Assessment AFTER they have sent you an appointment).

    Quoting the Equalities Act at them ensures that they have to take it seriously, and can only refuse on very limited grounds.

    You might ask your MP's worker to also quote the Equalities Act 2010 at them.

    Quotes from a couple of advisors on rightsnet:
    Am I right in thinking this also applies to a request( backed up by strong medical evidence) for a paper based assessment?
    I know a bit about the Equality Act and I know that a detriment i.e. harm must be avoided by a provider.
    Thanks and good luck to the OP.

  8. #8
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,104
    Quote Originally Posted by angry View Post
    Am I right in thinking this also applies to a request( backed up by strong medical evidence) for a paper based assessment?
    Yes; it should do.

    The thread on rightsnet is actually about someone being refused a HA for PIP, despite a very clear letter from her GP.
    It's thought that she raised her voice in argument with a previous assessor, and he marked it down as violence/agression.
    They are insisting that because of that 'violence' flag she has to go to an assessment centre.
    So it's about them refusing to make reasonable adjustments, because of (unfounded) fears for staff safety.

    The argument there would be that if they think that she would be agressive at home then she would be equally (or more) likely to be agressive at their office, so as a resonable adjustment they should do the assessment on paper only.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  9. #9
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,104
    Further to this I came across this case study in an online handbook for welfare advisors which deals with a similar situation.
    In this case the claimant couldn't supply a GP letter supporting a Home Assessment for ESA.

    It's intended for Benefits Advisors so I don't suggest that you try and use the letter(s) there yourself.
    But it does give an idea of what can be done in these situations when you get an good advisor on board.
    https://www.equallyours.org.uk/handb...ort-allowance/
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  10. #10
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,104
    Just to note here that flyte has reported on another thread that a Home Assessment has now been arranged (pretty quickly) after EA10 was mentioned:

    Quote Originally Posted by flyte View Post
    I'm soon to have a home assessment which is a weight of my mind as attending was going to be an absolute nightmare for me
    Quote Originally Posted by flyte View Post
    I got in touch with the Equality Commission and was surprised at how helpful they were, even offered to help if I didn't get a home assessment, my MP's office got nowhere with them so it was the threat of the Equality Act that swung things.
    Please don't use the Equalities Act unless you need to. If people start to use it when it's not needed then it will become less effective.
    Last edited by nukecad; 06-16-2019 at 02:29 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

Similar Threads

  1. Had to seek new doctor
    By Lighttouch in forum Health - help & advice on health issues for disabled people
    Replies: 6
    Last Post: 10-28-2015, 06:51 PM
  2. Self harm and descriptors
    By Beddz in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 0
    Last Post: 09-07-2015, 12:19 PM
  3. ESA50 form and self harm
    By tonyhag in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 1
    Last Post: 05-09-2013, 03:08 PM
  4. ESA and doctor's report
    By Jay123 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 8
    Last Post: 05-03-2013, 12:14 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •