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What to do between Home Visit and Tribunal DLA
- jeffw
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14 years 7 months ago #19134 by jeffw
What to do between Home Visit and Tribunal DLA was created by jeffw
I posted five weeks ago about my impending Home Medical for DLA HR which had been stopped following a formal interview where I was not prepared for or knew what I was attending for.
Anyway Home Medical report is in and the EMP's report has swayed the DM to uphold the stoppage and the case has been referred to the Tribunal Service.
I have printed off the Challenging the Medical guide and will go through the EMP's wording with a fine-toothed.
Is it that I have to prove the EMP's report incorrect in some aspect ?
What, if any, further submissions can I put to the Tribunal (By the way I have the CAB working with me although they haven't advised as yet as only received yesterday).
I say this because the letter describing my condition from my GP Surgery was not from my GP who has known me, and my problems, for the entire 20 year duration of it. The GP supplying a letter, in my own GP's absence, had only known of me for a couple of years and only recently been seeing me in the illness absence of my GP. Can I submit a more definitive report from my personal GP or is could this be considered to be a 'conspired' report because of familiarity by the Tribunal.
Having had a quick scan through Challenging.... I've picked out what could be a little gem. What do you think ?
He pointed out that I had been able to sit for 45 minutes whilst he form-filled, although he doesn't note what agony I was in and breathlessness and the fact I had to keep shuffling around whilst trying to be engaged politely to my visitor. Next he insisted that I went to the adapted downstairs room to see my bed and toilet. He recorded that I did 10 metres slowly and breathlessly in five minutes with the aid of a stick and that I stumbled mid 'walk'. Later in his report he estimates I can walk over 200 metres. By my reckoning, even if I could walk that far, that would take pro-rata 100 minutes or 1 hour 40 mins.
I'm spending my weekend sifting through his almost illegible scrawl against the Challenge.... guide, but surely his distance/time measurement is contradictory.
As always a great site and a mine of information. I look forward to your observations.
Anyway Home Medical report is in and the EMP's report has swayed the DM to uphold the stoppage and the case has been referred to the Tribunal Service.
I have printed off the Challenging the Medical guide and will go through the EMP's wording with a fine-toothed.
Is it that I have to prove the EMP's report incorrect in some aspect ?
What, if any, further submissions can I put to the Tribunal (By the way I have the CAB working with me although they haven't advised as yet as only received yesterday).
I say this because the letter describing my condition from my GP Surgery was not from my GP who has known me, and my problems, for the entire 20 year duration of it. The GP supplying a letter, in my own GP's absence, had only known of me for a couple of years and only recently been seeing me in the illness absence of my GP. Can I submit a more definitive report from my personal GP or is could this be considered to be a 'conspired' report because of familiarity by the Tribunal.
Having had a quick scan through Challenging.... I've picked out what could be a little gem. What do you think ?
He pointed out that I had been able to sit for 45 minutes whilst he form-filled, although he doesn't note what agony I was in and breathlessness and the fact I had to keep shuffling around whilst trying to be engaged politely to my visitor. Next he insisted that I went to the adapted downstairs room to see my bed and toilet. He recorded that I did 10 metres slowly and breathlessly in five minutes with the aid of a stick and that I stumbled mid 'walk'. Later in his report he estimates I can walk over 200 metres. By my reckoning, even if I could walk that far, that would take pro-rata 100 minutes or 1 hour 40 mins.
I'm spending my weekend sifting through his almost illegible scrawl against the Challenge.... guide, but surely his distance/time measurement is contradictory.
As always a great site and a mine of information. I look forward to your observations.
- Steve Donnison
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14 years 7 months ago #19178 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:What to do between Home Visit and Tribunal DLA
Hi,
We seem to be a bit short of moderators at the moment, so forgive the brief reply.
"Is it that I have to prove the EMP's report incorrect in some aspect?"
It sounds like you have some good points to make. But do bear in mind that what you have to do is persuade the tribunal that you are a credible witness and that you meet the criteria for an award.
So, yes, showing that the EMP got it wrong is important, but stick to major issues like the ones you have outlined and don't worry about pointing out every single error. The tribunal have to read your submission, so it will be most effective if it isn't too long.
Good luck,
Steve
We seem to be a bit short of moderators at the moment, so forgive the brief reply.
"Is it that I have to prove the EMP's report incorrect in some aspect?"
It sounds like you have some good points to make. But do bear in mind that what you have to do is persuade the tribunal that you are a credible witness and that you meet the criteria for an award.
So, yes, showing that the EMP got it wrong is important, but stick to major issues like the ones you have outlined and don't worry about pointing out every single error. The tribunal have to read your submission, so it will be most effective if it isn't too long.
Good luck,
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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