This article describes how claimants for disability benefits can deal with the examination by professionals, which for many claimants are central in deciding whether or not you are entitled to disability benefits. The examinations are run by Medical Services (MS) which is operated by the private profit making company ATOS on behalf of the Department for Work and Pansions (DWP).
It is frequently the case that people with a long-term illness gradually minimise in their own minds the effect of their illness on their everyday lives and develop survival strategies to cope on a daily basis in an attempt to lead as normal a life as possible.
This can cause a problem as this habit when taken into a medical examination does not present a true picture of the illness and could be misleading. The reality of your illness is what must be presented to the MS medical professional and to the DWP.
AT THE EXAMINATION.
You should be aware that the examination begins on entry to the examination centre and does not end until you leave the centre. An evaluation of your medical condition dos not only take place when you are in front of the examining medical professional, but also potentially on your way into the building, in the waiting room, and on your way out. They could note the length of time you can sit without apparent discomfort, how you pick up your bag,etc.
The information obtained at the examination is used within a legal framework, to decide on your benefit entitlement - it is therefore vital to make sure youir legal rights are protected.
During the examination you should:
Time the length of any breaks, the medical professional should becourteous and considerate. The medical professional should spend some time explaining the purpose of the examination and ask if you are willing to be examined. The medical professional should ask you and give you time to explain YOUR OWN VIEW of how you are affected by your condition, including how it affects your ability to do day to day tasks, like shopping, cooking, cleaning and so on.
The examing medical professional should not attempt to "manipulate" parts of your body.
1. Make sure the medical professional realises the full extent of your illness/disability, including any other conditions/illnesses you may have. The mediacl prefessional does not know your medical history.
2. Describe how you feel on a "bad day" rather than a "good day".
3, The examination can be halted to allow you to go to the toilet, have a glass of water, take a pill, or if you feel faint or ill.
4. The examination should only prceed if you feel happy to continue.
5. You should refuse to do anything that hurts or distresses you.
You have the right to have someone accompany you during the examination.
The person accompanying you can:
1. Take notes, write down the name of the examining medical professional. Any aggresive attitude or manner adopted by the medical professional should benoted. Write down the exact words spoken.
2. Intervene and ask for the examination to be halted if the claimant becomes unwell or distressed. the claimant should have a break until they feel well enough to continue.
3. Object to and stop any attempt by the medical professional to have the claimant do exercises which could injure or distress them. You should have the examination stopped if the claimant is becoming ill or distressed for any reason. If the claimant is not fit to continue then the examination should be postponed until another day.
4. If the claimant's distress is due to the mistreatment by the medical professional, stop the interview, say that you will be making a complaint witha request for an examination at a future date witha different medical professional.
At the end of the examination ask the medical professional to read back their notes, to check that they have made an accurate record. If the medical professional refuses, then note that and what reason the give for refusing. If there seem to be any inaccuracies in the medical professional's notes, check with the claimant, then if necessary ask the medical professional to change their notes. If they refuse then make a note of that, writing down exactly what they said.
AFTER THE EXAMINATION.
If the medical professional did anything wrong, then as soon as possible afterwards write a letter of complaint to DWP - don't wait for the deision to come through. The letter should be signed by bothe the claimant and the accompanying person. There is more info on making a complaint in the Disability Rights Handbook, (Disability Alliance).
HOW YOU CAN BE FOUND INCAPABLE OF WORK EVEN IF YOU DON'T SCORE ENOUGH POINTS.
Even if you don't score enough points under the personal capability assessment - the medical test to decide if you're incapable of work - you may still have a chance of being found incapable either at claim or appeal stage. This is because of a little know "exceptional circumstances" rules.
There are a number of these, but probably the most important is regulation 27(b), which states that you will be found incapable of work, "---there would be substantial risk to the mental or physical health of any person if he were found capable of work--".
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