Has anyone refused a physical exam during the medical assessment?
I first had a pip medical assessment 2 years ago. The lady hurt me so bad that I was left in agony for days on end. At my reassessment in December 2019, the guy asked to perform a physical but said I was entitled to refuse if it would cause me more pain. I did refuse and explained my reasons (was in a lot of pain already & last time, the woman really hurt me). He didn’t make me do it but kind of threatened me to the point of saying i can refuse but if I do, it will go against me.
Is this normal? Has anyone refused a physical but still been awarded? I’m hoping I don’t need to go back to tribunal again but I’m prepared to if needed xx
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xBilliex
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Sorry about the ordeal! They do not make it easy, do they?
I had mine in mid Dec and I was asked to perform some tasks while sitting on my chair. I was told I do not have to it but I did it because there was no physical contact with the assessor. Did eye test by looking at the signs on the wall. The questions they asked were deep even asking me about the mileage and how often I Drive.
How did you find the questions? Did you appeal last time? You may want to get the help of a charity for advice before you appeal. But I hope all is in your favour. No one wants to complain for pain for the sake of it.
Hi. Yes I took it to tribunal last time. Took my anxiety through the roof and make me terribly ill. I’m hoping not to have to go through it all again this year but I’ll fight however long I need to. I have been in touch with fightback4justice who are helping me with form filling this time as I find it so overwhelming. Xx
Hi, can you not take someone with you (as an advocate) to ensure you are not threatened or bullied into doing something that is too painful? I know the guidelines say if it hurts don't do it, but in reallity is it that easy to refuse? I don't know, because I've not been asked to do anything that would or could be painful.
My mum did come with me the first time I applied for pip and also for my reassessment. During my first medical, the woman had me bending over to touch my feet and applied pressure on my back, to which she pushed me further down. There was various other things which caused me pain too which is why I decided against having it this time. X
No but i was in pain and legs cramped up when she tried lifting them. I offered to try again and the practitioner said no its ok. My report come back as me being aggressive and im still fighting for PIP now.
I absolutely hate the way they lie on the assessments! It disgusts me! I’m sorry you’re fighting. It’s extremely stressful but don’t give up. Fight for what you deserve xx
Would Fightback for Justice help maybe (small charge I believe though) OR contact FMAUK Benefits Advisor for support & advice. Here’s the contact info & other helpful website
Yes I paid their fee to fill the form for me to re apply. It’s a long document and I find it very overwhelming. So the price I paid was worth it compared to the level of stress I get doing it myself xx
Hi there, you are in your rights if a physical examination can bring on more pain , if you are worried about this you can ask someone to go with you . x
I did have my mum with me & I know I’m within my rights, however the guy doing the assessment made me feel ashamed for not doing it. He said that the decision maker will use my refusal against me! Xx
Thank you. My anxiety went through the roof after he started being funny with me, to the point I had a full on panic attack right in front of him. He ended up escorting myself and my mother out the back entrance of the building just so I didn’t have to face any one waiting xx
As long as you have any relevant paperwork to back you up he can't hold it against you , I went for pip assessment a while ago and showed them hospital letters and they can't go against you , and he's not the one who gives the final decision and if that doesn't work then appeal the decision and get more evidence to back you up.x
I appealed it all previously & ended up at tribunal where I won my case. However, it’s extremely stressful and leaves me ill. Just hoping I don’t have to go through it all again xx
I always refuse. If I'm not at the drs to be diagnosed for something medical it's asking for trouble. Even then I have to tell them, asking does this hurt? or stretch as far as comfortable? is a bit pointless for me as I can't tell pain when I'm always in pain.
Most of the time I'm ignoring pain which is maybe not good in terms of overdoing and hurting myself.
What use is it to see someone push themselves to do something once? That may be my one time for the day or week even. They don't see how you are after.
Most drs have no idea how to handle fibros. The extra pain is seldom instant. It comes on after. Does the nice assessee want to stay to see how bad you are later? No. Do they have a plan for how you will cope? No. So I just tell em no. My body, my pain and my job to keep coping.
Hi, at my f2f and physical assessment there were some things I could not do and said so. There was one part of the physical where I stumbled and my husband reached out to steady me to stop me from falling. I became so agitated, in pain and very tired that the assessor got up to check on my and opened the window.
This was never put in her report and I was awarded zero points.
I submitted an MR outlining what was said and what was done and as my husband was at the f2f he submitted in writing what he had observed and I was awarded PIP.
You absolutely can refuse on whatever medical grounds you have, pain, fatigue, even if it's embarrassing. They can't force you but they do sort of push a bit. I refused most of them at home because I was ill on the day. My husband refused to bend because of where his stoma and hernia are. His bag could have leaked and it does if he bends down. I told him no with my face. The nurse didn't see me but understood and it didn't go against him. His stoma is in a funny place and bending affects it, but he also has a hernia from his surgery which is getting bigger and bigger and that stops him bending. She also did some things for his dizziness, some of which he found hard. He refused at least one exercise.
I refused an examination a few years ago, not for PIP, for DLA, why the doctor removed my husband from the room and would not allow him to be there for the examination. His assistant would help me off with my jacket so he could examine me. I don't think so! He was one nasty man in any case and I was in a lot of pain. Result! Me crying and calling my husband in. I also suffered from very bad anxiety and depression. The so called doctor shouted at me, I felt intimidated and my husband came back and told him we were leaving.
I was denied DLA but had put in a formal complaint and he was actually sacked. He had several complaints against him. I got compensation and my DLA was restored and I won my appeal. I got my new award as well, but I couldn't go through it again at renewal. This for PIP was the first time and it was so different. The guy was a complete idiot but at least I got my award. I believe if you can't do any exam or it is hard you should say why and refuse. Make sure you have a companion who knows your condition and care and don't let them bully you.
I did say no and my mum was with me. He did accept my answer but made me anxious by his response. He said that I am able to refuse but it may go against me. I ended up in a full on panic attack where I was then escorted out the back entrance with my mother. Xx
I had an assessment for esa in the past where I was unable to do part of the physical exam due to pain and also told the assessor that as well on the report it came back as declined. I complained and the way they answered this part of my complaint was Stating that someone declined any part of the physical examination simply means that they were unable for whatever reason to perform them. It does not mean you refused for no good reason and the DWP D decision Makers understand this. I can tell you this answer made no sense to me and I later got an apology from the manager
That's a threat. It's not his decision and it should not go against you. That's terrible. These people know little to nothing about people, their conditions and how it affects you and most are not a doctor, many not even a nurse just some kind of health professionals. They are given a limited amount of training and think they know everything. If the decision goes the wrong way, get the explanation about what evidence they used and someone to help counter it. It should not go against you as the law says nobody can force you to have any medical examination and you are allowed under the rules to refuse, especially if you are limited in what you can do or in pain. Maybe it's best to begin but not continue and stop saying it's too painful. Not that they actually take any notice of whether you can do an exercise or not. My husband could not move some of his fingers to touch each other because of his neurological problems. His coordination was off and he kept missing, but they still put he did the exercise well. What they forgot was I saw it and so did another person. He got a couple more points because his letter showed his problem from Walton Neurological Centres. It also showed his diagnosis was 2011 and it got worse after 2015, when he was in a coma and it got worse again last year. You can tell them how anxious this made you and get a doctor to write. This is more important than a swaggering twit with nothing better to do than try to force people off benefits. Having said all of this, there is no reason it should go against you. It probably won't as there is an explanation. In fact the fact you didn't do something or could not do something is more likely to go in your favour. Did you put your anxieties down on your form? I would add them and see if you can get more points. This person had no right to make you feel anxious and I would complain. It's not his decision. Not being able to do an examination is perfectly valid and I hope you can relax and find some way not to be anxious over this. You have your mum to support you. She sounds like a wonderful mum. The attitude he showed is his fault. Your mum is a witness. It should not go against you and may well go in your favour. Again it's not wrong to refuse. If you can't do something, you can't do it. If you were not up to it that is a positive thing. These people tend to make rubbish up anyway, so it probably won't make any difference. I am sure you did fine and will get your reward. Good luck. Remember it's not the end of the world and you can appeal and that's when medical evidence comes in. It's well worth fighting these people. Most people beat them in the end. Don't let the so and sos get you down. All the best.
Ahh thank you for your lovely response! Very reassuring.
Yes I put my anxiety issues down on paper. Have also supplied evidence from my GP which states I have severe anxiety issues. The guy doing my assessment, triggered a panic attack because of what he said, how he said it & making me feel like I wasn’t believed. I did go to the tribunal last time, to which I won my case. I think it’s unfair that we have to renew when you have medical evidence stating your condition will not improve. All it does is make people who have anxiety issues get worse. The last tribunal gave me a HUGE flare up & made me very poorly.... hence why I’m already in a full on panic and non stop thinking about the potential upcoming process. I don’t want to go through it again. I’m not sure I can. But I HAVE to!! I don’t really have a choice.
During my last tribunal, I couldn’t even go back in to the room to collect my result. Again, I was having a panic attack. It’s such a scary and daunting thing to have to do. Xxx
I really do feel for you. One thing, as he triggered a full panic attack, also helped you out, he won't be able to deny anything. These people are unsuitable to examine anyone. I do meditation for mine now and breathing exercises. Does not always stop them, but they have reduced. The guy who came out to me saw I was struggling and stopped, boy he looked more nervous than me. His comments upset me though, I can't have serious mental health problems as I wore clean clothes, had washed and wasn't smelly or untidy. Yes, and it had taken me four times as long and a supreme effort as I was fatigued. Shows the out dated and ignorant attitudes and lack of knowledge these people have. Remind me at renewal not to bother to dress or wash, make sure the sackcloth and ashes are ready and that I look as if I hadn't washed for days and stink. Maybe manure on my head for greater effect. So people with depression are not allowed to make an effort to look and feel good? Yeah there are days and days I can't do much and stay on the couch, but why wouldn't I make an effort if someone visiting? Stupid man. They really are the most insulting group of people out there. I am sorry for what you are going through. I hope you get everything you are entitled to and are feeling better soon. Take care of yourself.
Thank you. Again, very lovely words which are reassuring. You are right. If you make any effort, you’re judged.
As for him triggering my panic attack. Later that day, my mum informed me that the assessor looked terrified. I wasn’t paying attention of him to be honest but he did escort us out the back entrance pretty sharpish. I’ll be interested to read his report to see if he has written anything in there which is accurate. Xx
So..... I called PIP today for an update on my renewal. They’ve apparently sent me a letter out but the woman told me on the phone anyway. I have been awarded the standard rate for daily living but nothing for mobility. Last year I was awarded standard for both so I have lost the mobility component at the moment. She is sending me the assessors report and I will be completing a mandatory reconsideration!! I just hope I don’t lose it altogether by appealing!! Xx
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