How best to address the discrepancies in the EMP r

I've finally received my long awaited EMP report and true to form, mine is riddled with discrepancies.

I was not asked to walk, but the Doctor claims I walked 200 meters
The Doctor never looked around my house, but claims there is room for a commode
He claimed he took my blood pressure and heart rate and put a false figure down ( no such medical examination was carried out )

That's three examples from a possible thirty.


How is it best to address this ?

Write to the appeal panel outlining all the points or bring it up at the appeal ?
How best to write it down & what to state ?

Any suggestions welcome.

Hi Doris,

If you look in the DLA section of the members area you'll see a guide to challenging a DLA doctor's report which makes lots of suggestions about how best to address the issues you raise.

Good luck,

Steve

Hi Doris,

If I were you I would do it now rather than leave it until your actual appeal date. If you dispute the EMP report, once the DWP recieve a copy of your dispute via the appeal service they should refer the matter to medical services to be investigated. This is what happened with mine and I rerecieved a reply from medical services in advance of my tribunal.

I know that some people have writen to medical services direct re EMP reports, so I am not sure if the DWP will do it on your behalf in all regions.

Kathy

It was the tribunal that requested my EMP report. My case was adjourned for this purpose. I've taken a look through the guide and I need to strike up a balance on how many of the discrepancies I point out vs giving the tribunal 20 sheets of A4 to thumb through. ( which no doubt will make them warm to me no end - not ! )

I will note my concerns direct to the tribunal service in readiness for my next appeal date. My experience tells me that a date for my new hearing is in the post as we speak. By the time I've posted my reasons for disagreeing with the EMP doctor; the tribunals service photocopying the evidence and sending it out to the other parties. It could get very tight. The last thing I want to do is postpone my 2nd appeal date, its already dragged on for too long.

I've the usual list of EMP assumptions to challenge. Not looking around the house : Not writing down what I had said and falsely stating he carried out medical assessments that never happened. Ironically, some ( and I do mean a small percentage ) of the report is quite positive. However the main thrust makes me look like I climb Mt Everest before breakfast.


I've no interest in a public flogging of the doctor in question, I just want to raise the points to the tribunal panel in order for them to have a balanced argument to base their decision on.

In a straw poll ( blah blah blah ), it's said some tribunals are aware of the integrity ( or lack of ) of the EMP doctors, whilst others hang onto their every word. I don't fancy the 50:50 gamble that my appeal tribunal members believe the EMP doctors to have the morals of a saint.

Hi Doris,

First-tier Tribunals have wide powers on which evidence to accept and which to reject.

From my experience as a former WRO and DLA Tribunal Member, most appeals are won not because of any real new evidence presented on the day of the hearing, but because of what the appellant tells the Tribunal on the day of the hearing about their mobility and/or care needs.

DLA Tribunals often reject Atos Medical Assessors reports in preference to the appellants evidence.

See Decision making and appeals in the benefits system by the House of Commons Work and Pensions Committee.

Best wishes.

Jim