Survival Guide To Medical Examinations

Important information for anyone claiming Incapacity Benefit

This information is based on a guide originally produced by DIAL UK and distributed by LASA on their website www.rightsnet.org.uk

Tameside Council's Welfare Rights Service gratefully acknowledges the help of both organisations in making the information available. We have made every effort to ensure that the information is correct at the date shown above.

1. You may be asked to attend a medical examination as part of the "personal capability assessment"

This assessment is applied by the Department for Work and Pensions (DWP) to see if you are incapable of work and if you should continue to receive benefit as someone unable to work. You should be notified at least 7 days in advance of the time and place of the medical examination. If you are unable to attend the appointment, or have any special needs to enable you to attend, you must contact the office that arranged the examination as soon as possible to explain. If you simply do not attend the appointment you will be treated as capable of work and your benefit will be stopped. In certain circumstances you may be accepted as having "good cause" for not attending an appointment.

2. Medical examinations are normally held in specified government buildings, but if you would have difficulty in getting to the appointment, you can request a home visit.

ou must contact the office that arranged the examination to ask that you be visited at home. They will ask you for details as to why you are unable to attend an examination and may well ask for a letter from your doctor to confirm that a home visit is needed. If you have any problems in getting a home visit seek advice.

3. If possible, have someone with you during an examination this could be a friend or family member

You have the right to have your companion to be present actually during the examination. Both you and your companion can claim travel expenses for attending an examination. If you need to travel by taxi, you must contact the office that arranged the appointment in advance to check they will pay the taxi fare.

4. Interpreters

If you require an interpreter the Department for Work and Pensions (DWP) should be able to provide one if you let them know in advance. If you bring someone to interpret for you make sure that they are capable of properly interpreting on your behalf. It would not be in your interests to proceed with the medical examination if you do not have access to an interpreter who is competent to properly interpret things for you.

5. When you arrive for the examination, you will need to give your name to the receptionist

In some parts of the country, your medical examination will include both an incapacity and capability report. This is part of a new initiative set up by the government to help and support disabled people back into work. In some areas taking part in the scheme is compulsory, in other areas you will have the choice. It is important to note that the capability report will not be used in the decision making process about your incapacity for work. The capability report will be sent to a personal advisor who will discuss whether there is any work you could do despite your incapacity, and which you would be interested in doing. You will not be forced to take up work if you are incapable of work as defined in the regulations, and you do not want to.

6. When the doctor is ready to begin the examination they will come and get you from the waiting room

Make a note of the time the doctor comes to get you and when the examination ends - this may be important in the future if you are not happy with the doctors report. Remember that the doctor will be constantly observing you - coming to collect you from the waiting room gives the doctor the chance to observe you getting up from a chair and walking. Just behave as normal.

7. During the examination itself, the doctor will ask you questions about your typical day

Be aware of the questions the doctor is asking you and how this relates to your incapacity for work they are not just there to chat! Questions about the gardening can indicate your ability to bend and kneel or to reach with your arms, while asking whether you watch any soaps or films on TV could indicate how long you can sit comfortably in a chair or your ability to concentrate. You can obtain a copy of the physical and mental activities used by the Department for Work and Pensions (DWP) when deciding on incapacity for work from advice agencies. Basically, you score points for activities you have difficulty with. Score enough points and you are confirmed as incapable of work!

8. Be truthful, do not feel intimidated into saying things that you know may be incorrect, such as under estimating your difficulties

Give as much detail as you can about the problems you experience with tasks, taking into account pain, tiredness or how your ability may vary from day to day. Remember the issue is whether you could perform these tasks repeatedly in a work situation, not struggle to do something once and then have to rest. The doctor is there to assess the effects of your condition over time, not just a snapshot on the day you attend the examination.

9. The doctor may want to carry out a physical examination

Do not let the doctor browbeat you into doing something that you cannot or that would cause pain or damage your health.

10. Remember the doctor will be observing you throughout the examination

Behave as normal - if you need to stand up to ease discomfort then do so or if you need help to undress to be examined then say so!

11. The examination should take about 20 to 30 minutes, longer if the doctor is doing a capability report as well

If you have any complaints about the doctors manner or attitude or the way in which the examination was carried out, make a note of these and contact the Department for Work and Pensions (DWP) to give them your feedback. There is an official complaints procedure.

12. If you are unhappy with the decision about your incapacity for work get advice

You have the right to challenge a decision that you are capable of work, but only have one month to do so from the date of the decision. Don't delay; act as soon as you can and get advice.

If you want to know more about benefits contact your local office of Tameside Council's Customer Services Centres

A directory of information and advice providers is available Telephone 0845 608 1122 Minicom 0845 609 6677