Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: lost appeal unhappy at me challenging EMP report

lost appeal unhappy at me challenging EMP report 7 years 2 weeks ago #26129

  • letitia
Hi all, lost appeal for DLA HRC+HRM for indefinate period since 2003 ,previous awards at 2 year intervals from 1999,conditions COPD ,10 years OSTEOPORSIS WITH FRAGILY FRACTURES ,17 years OSEOARTHRIRIS last x ray in april 2010 confirms more degeneration in civival and lumber spine ,DEPRESSION 15 YEARS,,,,IBS dual incontinence, RLS,,

All gone on the latest Unthruthful EMP Report ,Which i dared to challenge through a formal complaint to medical services useing the guide on B+W
EMP stated in her report i (put on bra and fastened it DEMOMSTRATED)EMP exact words .

letter back from MS,Dr xzx says you didnt actual put the bra on but in her opinion you could have as you reached to an appropiate level ,another untruth to cover the previous one .

no consent for examination asked for nor given ,

legal member at tribunal me Did i receive a letter to say the EMP was coming out and an examination might be done ,I answered Yes , The legal member then said !Then you knew there was going to be an examination ,I replied Yes But i am still entitled to give consent to what happens to my Person as the EMPs are told they must not assume consent ,it must be asked and received and noted in the report , The representive from the DWP says thats not done any more ,

By the way i am in N.Ireland if that makes a different .

No name or NINO on report on any page not even on the front page when i challenged that I was told BY DWP and MED SERVICES two different letters and same answer in both

DWP answer.You have queried how the DM knew how the report from the EMP was relating to you, when each page was not individually referenced.I can comfirm that departmental procedures require the report which is to be completed in respect to the customer to the EMP as a stapled booklet which is placed inside an individual wallet and forwarded ,with a return envelope, to the revelant Dr,Once completed the DR replaces the booklet in the wallet and returns it in the envelope provided.The report is checked for completeness before it is passed to the DM for consideration

medical services answer.You have queried how the DM knew how the report from the EMP was relating to you, when each page was not individually referenced. procedures require the report which is to be completed in respect to the customer to the EMP as a stapled booklet which is placed inside an individual wallet and returned, in envelope,provided

Uncanny simularity and still no answer why My Name or NINO was not on any page .
Hearing horrendous 2 hours and 5 mins of torture, no result at end ,postal result received 8 days later

result reads appeal disallowed change of circumstances , improvement in condition care needs now diminual

waiting on SOR from appeal tribunal requested it on the 23/08/2010 left in by husband and received receipt

So how dare we try to take on the almighty system and win ,,,,,am in the depths of depression and so angry that the EMPS can write what they like and thier words are taken

any help greatly appreciated Letitia



Please Log in or Create an account to join the conversation.

Last Edit: by Steve Donnison.

Re:lost appeal unhappy at me challenging EMP report 7 years 2 weeks ago #26132

  • originaldave
letitia wrote:

Hi all, lost appeal for DLA HRC+HRM for indefinate period since 2003 ,previous awards at 2 year intervals from 1999,conditions COPD ,10 years OSTEOPORSIS WITH FRAGILY FRACTURES ,17 years OSEOARTHRIRIS last x ray in april 2010 confirms more degeneration in civival and lumber spine ,DEPRESSION 15 YEARS,,,,IBS dual incontinence, RLS,,

All gone on the latest Unthruthful EMP Report ,Which i dared to challenge through a formal complaint to medical services useing the guide on B+W
EMP stated in her report i (put on bra and fastened it DEMOMSTRATED)EMP exact words .

letter back from MS,Dr xzx says you didnt actual put the bra on but in her opinion you could have as you reached to an appropiate level ,another untruth to cover the previous one .

no consent for examination asked for nor given ,

legal member at tribunal me Did i receive a letter to say the EMP was coming out and an examination might be done ,I answered Yes , The legal member then said !Then you knew there was going to be an examination ,I replied Yes But i am still entitled to give consent to what happens to my Person as the EMPs are told they must not assume consent ,it must be asked and received and noted in the report , The representive from the DWP says thats not done any more ,

By the way i am in N.Ireland if that makes a different .

No name or NINO on report on any page not even on the front page when i challenged that I was told BY DWP and MED SERVICES two different letters and same answer in both

DWP answer.You have queried how the DM knew how the report from the EMP was relating to you, when each page was not individually referenced.I can comfirm that departmental procedures require the report which is to be completed in respect to the customer to the EMP as a stapled booklet which is placed inside an individual wallet and forwarded ,with a return envelope, to the revelant Dr,Once completed the DR replaces the booklet in the wallet and returns it in the envelope provided.The report is checked for completeness before it is passed to the DM for consideration

medical services answer.You have queried how the DM knew how the report from the EMP was relating to you, when each page was not individually referenced. procedures require the report which is to be completed in respect to the customer to the EMP as a stapled booklet which is placed inside an individual wallet and returned, in envelope,provided

Uncanny simularity and still no answer why My Name or NINO was not on any page .
Hearing horrendous 2 hours and 5 mins of torture, no result at end ,postal result received 8 days later

result reads appeal disallowed change of circumstances , improvement in condition care needs now diminual

waiting on SOR from appeal tribunal requested it on the 23/08/2010 left in by husband and received receipt

So how dare we try to take on the almighty system and win ,,,,,am in the depths of depression and so angry that the EMPS can write what they like and thier words are taken

any help greatly appreciated Letitia




bad news on not winning, but IMO I think you need to focus on reclaiming your DLA

why have you a problem over consent ? and rather than complain about missing name on paperwork..........I would ask them to prove that all paperwork the decsion was made on was your paperwork and not someones elses .......... if there was no name on some paperwork it might not be yours and people put paperwork in wrong envelopes

Please Log in or Create an account to join the conversation.

Re:lost appeal unhappy at me challenging EMP report 7 years 2 weeks ago #26248

  • letitia
hi dave
in regards to the consent part as Steve has suggested in the guide challenging the EMP report in the members section , the EMP must ask your consent first and receive it and note it in thier report before doing any medical which she did not ,as this is referred as a case of battery ,All EMP are told you must not assume consent , This is just one of the many things that the EMP did apart from the numerous untruths she wrote in her report,

the DM has wrote in her SOR that the EMP states i could walk 200 meters before having to stop because of Severe Pain not Severe Discomfort which i think is the wrong test ,

And the Legal member on the appeal tribunal in her letter on decision wrote Apeal disallowed as there has been a relevant change in you CONDITIONEven though i have three deteriating conditions COPD OSTEOPOROSIS OSTEOATHRITIS WHICH do not improve so i am hoping this is an error in law

even though she had my hospital x rays reports from April this year stating more degeneration in my spine cervical and lumber Letitia

Please Log in or Create an account to join the conversation.

Re:lost appeal unhappy at me challenging EMP report 5 years 11 months ago #69367

  • letitia
Hi All, just a quick update , the commission has granted me leave for appeal , as the Tribunal decision was erronous in law ,For accepting the EMP report and totally ignoring the complaints and discrepiances in in the letter if you wish to respond to this letter you must do so before the 6/10/2011 As i have only got this far due to fabulous site , as it is impossible to get help here in NI,Any help again is greatly appreciated , As i dont know what responce i am supposed to make ,

Again my heartfelt thanks ,letitia

Please Log in or Create an account to join the conversation.

Re:lost appeal unhappy at me challenging EMP report 5 years 11 months ago #69369

letitia

I am afraid that appealing to the Upper Tribunal requires specialist knowledge, beyond the remit of the Moderators to provide.

I understand the difficulty in finding relevant advice regarding this matter, but you do need face to face advice if you are to successfully persue this matter.

I hope the following link is of use

www.adviceni.net/advice/index.cfm

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:lost appeal unhappy at me challenging EMP report 5 years 11 months ago #69382

letitia wrote:

Hi All, just a quick update , the commission has granted me leave for appeal , as the Tribunal decision was erronous in law ,For accepting the EMP report and totally ignoring the complaints and discrepiances in in the letter if you wish to respond to this letter you must do so before the 6/10/2011 As i have only got this far due to fabulous site , as it is impossible to get help here in NI,Any help again is greatly appreciated , As i dont know what responce i am supposed to make ,

Again my heartfelt thanks ,letitia


I feel for you. With diminishing funds supporting advice centres. How is anyone supposed to know how to approach the upper tribunal. If you're unable to get any advice on this then ( and only then ! ), your options are limited to gathering as many opinions as possible and submit 'something' and see what happens. After all, something is better than nothing.

If you hit a brick wall and cannot get advice, all I could say is google until your worn out in an attempt to put something before the upper tier.

I hope you get the help you deserve.

Please Log in or Create an account to join the conversation.

  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs Hurtyback