Can I refuse a medical for ESA renewal!!?

Hi

I have fibromyalgia and suffer with bad depression, I have been getting ESA for 2 years although the 1st year I spent fighting for it as went to my medical and scored no points, went to tribunal a whole year later and was awarded points for my depression but nothing for my fibromyalgia even though I get DLA and was placed in wrag.... less than a year after my appeal I have recieved another ESA50 which i have filled in using ur guides and sent all my consultants letters and tribunal papers etc.... I wrote on the form that after the distress of the tribunal I have provided enough proof to not require a medical and if I did I wanted it at home. I did not provide phone nos!! They rang me yesterday to book me in for a medical!! I have not slept last night with worry and really dont think i can go through it all again, im so stressed out I dont know what to do!! Can I refuse the medical on the basis on my tribunal and I have provided proof!!? I just dont know what to do, please can u help me!!??

Thanks

Sarah xx

I'm afraid that you cannot refuse to attend for a medical assessment otherwise the DWP will stop your benefit, and you will automatically be found fit for work. Unfortunately, previous tribunal documentation will be of no use for your current WCA, but any other medical evidence in the form of consultant's letters, may be useful to support your ESA claim?

If you wish to have the medical assessment at home, Atos are very reluctant to consent to domiciliary medical assessments, so you will need compelling medical evidence from your GP and/or other medical professionals involved with your care. Regrettably however, this will not always guarantee a home medical assessment.

Yes they did say I need to get medical evidence for a home visit. Is there any point speaking to the DWP regarding the medical or is this just normal procedure? Will Atos be aware that I went to appeal last year? Is this a renewal or an update im so confused as to why I have had to fill in another ESA50 and the need for a medical xx

Hi Sarah

All ESA medicals are either new claims or, as in your case, reassessments, where they decide if you continue to be entitled.

The DWP should have on record that you successfully appealed but I doubt they would pass that information on to ATOS, who in any case are only interested in the current assessment.

Good luck

Derek