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Yet another EMP report littered with inaccuracies.

  • John
  • Topic Author
13 years 3 weeks ago #50148 by John
Reply from Steve D on my main point would be great if he is on air this week.

I received my EMP report today from my recent DLA medical as requested by the tribunal service.

I think people will get bored with everyone saying how different it was from the actual appointment, I would be ashamed to put Dr in front of my name and do this Atos nonsense for a living.....

I have just re read the guide for challenging a DLA medical and I have issue with almost all points but know I must keep it brief (not easy for me) anyway the very start of the form absolutely winds me up what the Dr has written. Section 1 question 2 Summary of medical condition etc with dates, hospital attendance etc.

The dr has not made mention of my hospital admissions as he said "it was not important as he will get an overall picture" so no hospital admissions noted even though there was 1 the week before and 2 in previous 12 weeks to that with surgery involved etc. The big wind up for me though is yet to come...My main illness is Hidradenitis Suppurativa which develops recurring abcesses in my groin on my thigh and in my genital and peri anal area CONSTANTLY.

He has written quote General surgery "Only incision + drainage + sinuses. No graft + resection.

I have seen a plastic surgeon regarding wide excision surgery and had suggested that this is last resort and the plastic surgeon was really trying to put me off having it done. A decision on it is likely shortly as nothing else helps me. BUT is it right for an EMP to write the statement like this? What is the relevance in this case of what has not yet been done and using the word ONLY regarding my other surgery makes it seem very petty. I have had about 12 surgical procedures, each one requiring a general anaesthetic and hospital stay of at usually 3 days. I have had very large open wounds sometimes 3 or 4 at a time!! that require district nurses visits for upto 40 days afterwards...this is not a petty procedure by any means.

This report is for the tribunal appeal, there is no explanations about treatments for my illness and I do not see how anyone can look at this statement and understand it properly or not take a view that it is not a serious treatment. Is it just me or am I right?? We are not all perfect and I am biased so if I am wrong tell me...

What is your opinion on this one statement? Any opinions greatfully appreciated from everyone.

Thank you all

John

By the way this is now going on from Nov 2009, I was told yesterday it will be at least may before I can get my adjourned hearing heard again.

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  • sue615
13 years 3 weeks ago #50440 by sue615
Hi John,
Sorry to hear you are having all this trouble, I don't think you are wrong, my situation was very similar as in the rubbish placed in the report and lots of things missed out, if it helps I put in a complaint to Atos by email then printed the email and posted it. It took a little while but I kept chasing it and ended with a written apology from them and they put in writing that the medical report could not be relied upon for use in my claim, my appeals were suddenly ended and I was awarded my benefits, placed in the support group.
Hopefully that may be of some help.
Good luck with appeal,

Kind regards

Sue

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  • kathy1
13 years 3 weeks ago #50448 by kathy1
John,

If I were you I would complain to Atos about this report.

You have claimed DLA because of your Care and Mobility needs relating to a disabling condition.

That is what the EMP is there to assess. Yes they can and in fact are asked for their opinion on Prognosis at the end of their report, BUT throughout the report they should be addressing the things you can and cannot do because of your disability. And has to be relating to the time of your claim. Prognosis is future outlook......poor prognosis should have been the EMP opinion giving that this IS what all up to date and relevant opinion is currently standing at re HS.

If you have provided the necessary information on you DLA1, about the degree of pain you go though constantly with this condition, the additional washing dressing of yourself, the additional cleansing of the affected areas, the additional washing/drying and ironing of clothes and bedclothes. The products you buy to help relieve. The axiety all of this causes and the total restrictions placed on you as a result of this condition with pain and exhaustion, then the appeal panel should in my opinion, make this report UNFIT FOR PURPOSE.

Complain, complain, complain...And Good Luck

Kathy

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  • John
  • Topic Author
13 years 3 weeks ago #50492 by John
Thank you ladies for your replies....

I am definately complaining about the report to Atos but I was thinking of doing so after the appeal...is this a good or bad idea?

I plan to ask the appeal to reject the medical on the first ground as stated in original post although there are so many things I could ask them to throw it out on and I expect my complaint to Atos to be a long detailed one.

At the moment I am awaiting a decision as to whether I can have a typed copy of the report as there is quite a bit I cannot read.

I know there are a few HS sufferers here and now how bad this is, Every form over the past 18 mths for esa and dla has given a 100% accurate and honest and consistant account of my illness and always says that on when I am having "remission" I am ok my "remission" lasts max 1 week if that and I am affected at least 75% of the time....The day of my medical I had been out of hospital 1 week and was pretty much as close to normal as I can get....the dr refused to make note of this saying he new what to do and all about HS etc blah blah blah...he says my walking speed was 40mtrs per minute and I would be able to walk upto 200mtrs with BRIEF stopSS...This on a normal day...HAHAHA I am unsure what brief stops mean and cannot read all the sentence but guessing he says "with brief stops to ease himself" hmmmm I wonder if that is because of the PAIN!!!!! So I could walk UPTO 200mtrs with ONLY brief stops of pain mild/moderate or severe doc???? This on a good day....idiot....

Drives me mad thinking about it, reading it, dealing with it, and I am on month 17th of this nonsense now from the start of my claim and no sight of a tribunal for a few months yet!!!!!!

The DWP, Atos and anyone with a Dr in front of their name that does this crap should be ashamed of themselves.....

Still fuming....John

But it is great to be with this community here on B&W

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More
13 years 3 weeks ago #50503 by Gordon
John wrote:

I am definately complaining about the report to Atos but I was thinking of doing so after the appeal...is this a good or bad idea?


You need to consider the following;

- is there a time limit for making complaints?

- By not complaining before the Tribunal are you tacitly agreeing to the competence of the contents, would this be a disadvantage?

- If your complaint is upheld after the Tribunal, does this undermine the decision, this could be to your advantage if you lose and obviously not if you win.

- Complaining could delay your Tribunal being heard.

- If the complaint is upheld then this would help your case at the Tribunal.

- If you do not win the complaint this will hinder your case.

There are probably other things to consider, you need face to face advice from someone with experience of these situations.

Gordon

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

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  • John
  • Topic Author
13 years 3 weeks ago #50537 by John
Thanks Gordon for your answer and questions etc

I have also thought of some of the complications you have written. It is difficult because it does look like a complaint although justified could cause its own problems.

Looks a bit like you are damned if you do and damned if you don't...I shall weigh up your questions and nay others I can think of.

Thank you and I wish you and everyone Great weekend.

John

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