Disputing EMP on how far I can walk - Help please

Hi,

My brother finally had his medical at home eight and half months after all his DLA was taken away from him. This medical was requested by the tribunal.

Letter has arrived with copy of what EMP wrote. Very good report except one point. She has made assumptions on his walking by only seeing him walk through his small hall way.

I have read the guides of here and how to dispute what they are saying (very good indeed) but my brother has been given some advice that I would like to check on. He was told that if this is the only thing that is wrong then he should not say anything as this may rock the boat as it were. Is this correct? He got middle carers and high mobility before and I think he should state about the EMP findings or he will not get a chance of geting High Mobility.

Thanks in advance

Hi Lorraine,

The days when EMP's carried out walking tests outdoors are long gone. These days they are always carried out indoors over a short distance, and tribunals are aware of this.

As a former DLA Tribunal Member, there is nothing to stop your brother telling the tribunal about the walking test the EMP carried out.

Most oral tribunals are successful because of what the appellant tells the Tribunal on the day of the hearing, rather than any new evidence presented on the day.

Tribunals are independent of the DWP and have wide powers on which evidence to accept and which to reject.

Good luck.

Jim

Lorraine just a quick adittion to Jims good advice,..this is from “Providing medical advice to the Decision Maker in DLA/AA: A Guide for Medical Advisers” in the members section I think..

"Your opinion on the claimant's walking ability must be consistent with your clinical findings, informal observations and your assessment of the stage of their illness. This takes into account the level of investigation and treatment and the likely effects of the condition on a person of that age, but need not be based on a formal walking test.
You may be offered the opportunity to observe the person walking out of doors and going upstairs. If not, your assessment of outdoor walking ability will have to be made on the basis of: Observation indoors and Your clinical findings in relation to lower limb function and musculature, co-ordination, balance and cardio-respiratory status... Having said that they do have to justify their opinion …later it says
If your opinion of the claimant's capabilities differs from the self-assessment or signed statement, it is very important that you record your opinion and sufficient additional information with adequate clinical details to make it clear why you have come to a different conclusion".. so it looks like that's how they did it...

Hi Jim and anyone who could help.

My brother was just about to send his letter off to dispute what walking distance etc when today he recieved a letter from DLA saying that they had changed there decision.

They were going to award him low carers because he cannot cook a meal. (he was getting middle carers and high mobility and had been for around 6 years).

They also state he will not get anyother benefit as he can walk
150 meters
Slowly
In a reasonable Manner
(no mention of pain and falls the fact he takes morphine and other high meds).

And they have cancelled his tribunal on 8th August.

Sounds to me that they know he would get more a tribunal and got in there first. Can this do this? Can you just make this decsion without waiting for his reply to there last letter asking for more evidence.

Also no mention on hold long this award is for. It does state he can appeal, but its taken him eight and half months to get this far with all his benefits taken away and my Mother is having to help him finanical as he obviuosly can not work. So if he appeals we are looking at another 8 or so months and I assume they will stop the grand sum of £18.95 a week for his low carers until this is sorted.

Help what should he do?????

Lorraine wrote:

Hi Jim and anyone who could help.

My brother was just about to send his letter off to dispute what walking distance etc when today he recieved a letter from DLA saying that they had changed there decision.

They were going to award him low carers because he cannot cook a meal. (he was getting middle carers and high mobility and had been for around 6 years).

They also state he will not get anyother benefit as he can walk
150 meters
Slowly
In a reasonable Manner
(no mention of pain and falls the fact he takes morphine and other high meds).

And they have cancelled his tribunal on 8th August.

Sounds to me that they know he would get more a tribunal and got in there first. Can this do this? Can you just make this decsion without waiting for his reply to there last letter asking for more evidence.

Also no mention on hold long this award is for. It does state he can appeal, but its taken him eight and half months to get this far with all his benefits taken away and my Mother is having to help him finanical as he obviuosly can not work. So if he appeals we are looking at another 8 or so months and I assume they will stop the grand sum of £18.95 a week for his low carers until this is sorted.

Help what should he do?????

As your brother has not achieved everything he wanted from his appeal, the DLA Unit have no right to cancel his forthcoming hearing, as it is clearly disadvantageous to the appellant.

The DLA Unit should be contacted in writing and the letter sent by recorded delivery, indicating that the appeal has not lapsed for the afore-mentioned reason, and it should be reinstated immediately to proceed on 8 August as listed. Send a copy of the letter to the Tribunals Service for their retention.

Crazydiamond wrote:

Lorraine wrote:

Hi Jim and anyone who could help.

My brother was just about to send his letter off to dispute what walking distance etc when today he recieved a letter from DLA saying that they had changed there decision.

They were going to award him low carers because he cannot cook a meal. (he was getting middle carers and high mobility and had been for around 6 years).

They also state he will not get anyother benefit as he can walk
150 meters
Slowly
In a reasonable Manner
(no mention of pain and falls the fact he takes morphine and other high meds).

And they have cancelled his tribunal on 8th August.

Sounds to me that they know he would get more a tribunal and got in there first. Can this do this? Can you just make this decsion without waiting for his reply to there last letter asking for more evidence.

Also no mention on hold long this award is for. It does state he can appeal, but its taken him eight and half months to get this far with all his benefits taken away and my Mother is having to help him finanical as he obviuosly can not work. So if he appeals we are looking at another 8 or so months and I assume they will stop the grand sum of £18.95 a week for his low carers until this is sorted.

Help what should he do?????

As your brother has not achieved everything he wanted from his appeal, the DLA Unit have no right to cancel his forthcoming hearing, as it is clearly disadvantageous to the appellant.

The DLA Unit should be contacted in writing and the letter sent by recorded delivery, indicating that the appeal has not lapsed for the afore-mentioned reason, and it should be reinstated immediately to proceed on 8 August as listed. Send a copy of the letter to the Tribunals Service for their retention.

Sorry I am very foggy headed today and need to clarify some points. Are the DLA Unit and Tribual services one and the same?

Also you state "not lapesed for the afore-mentioned reason". Do you mean that me needs to state that they have not let him reply to the previous letter which includes his point that he can not walk as far or whichout pain to what the EMP stated?