DLA 2nd Medical??

fibromum7 wrote:

So would that be part of the process? i have sent in the form for a tribunal, could they say i have to have another medical or could i refuse as i want a tribunal to look at my claim as i have already done everything expected of me??

Hi,

If you are at the stage where you have sent in a GL24 (appeal form), your claim will be reconsidered firstly by a different Decision Maker. I doubt very much that they would request another EMP (visiting Doctor) report at this stage as one has been done already.

However, if on reconsideration, the DWP do not increase your award, then the tribunal panel are free to request a further EMP medical. It could be that the tribunal may in effect open then adjourn pending receipt of this second EMP report. Obviously if you refuse this then the tribunal would be free to form their own opinion. However even if a second EMP medical is carried out, you have chance at the tribunal to state your case as it is in effect a complete 're-run' of your claim and the panel can see you and ask questions of you and then come to a decision.

One of our moderators here, Jim is a former tribunal member, I am sure he can add further to this. However if going to a tribunal it is wise to seek some face to face advice to go through your claim in depth prior to the tribunal and to represent you at the hearing.

Pete

Thanks Kathy.
I have gone into a very detailed description why the report does not relate to me so hopefully that will get me through to a tribunal. I was diagnosed FMS in 1995 and this is my 3rd attempt at DLA so am giving it my all this time.

Thank you x