DLA Home Medical Assessment (Tribunal)

DLA Home Medical Visit (Tribunal)

I'm currently going through a DLA tribunal, throughout the whole process of which Atos has made continual mistakes. These range from using an out-of-date ESA form for the DLA decision-making through to "losing" my papers and not medically assessing me.

Yesterday, an EMP carried out a home visit under the Tribunal's order. I am most concerned at the very poor examination carried out and the even poorer questions. I taped the session for our records in the hope it would ensure my actual answers are used.

I had a very negative vibe from the EMP, just my gut reaction to him. He barely looked at me for the whole hour, his physical examination consisted of bending my feet and glancing at my calf backs, and asking me to walk TWO steps on my zimmerframe. He also made me read an eyesight card and told me I should wear my glasses for watching TV. The questions were nothing I hadn't already answered on the DLA application form.

What can I expect to happen now?

Should I go through the recording and transcribe the questions & answers with timings next to them, in case we dispute the EMP's answers?

If we do dispute them, how do we do this?

What kind of timescale can I expect before we get the report? (I'm in South Wales)

Many thanks,

Vikki

I am afraid to say your experience is not uncommon. Recording the medical was a good idea, I'm assuming you told them you were doing so. You may wish to write a transcript but you could wait and see what the report says first. You never know it might not be as bad as you think.

When you receive the report the important thing is not to get to bogged down in the detail. Focus on any points that contradict your entitlement and have your own medical evidence to back your points up.

As for timescale it could be anything from a couple to a few weeks. It's very much a how long is a piece of string situation at the mo!

Hi VH,

You are entitled to record the medical covertly for your own reference purposes.

The odds are that if you had let the EMP know that you intended to record it that they may have refused to progress with the medical.

You can make transcripts as suggested, which could be backed up if necessary by the recording itself.

If there are any flagrant contradictions to what actually took place, and what the EMP has written, you could offer the transcripts/recordings as evidence.

It would be up to the Tribunal as to whether they would allow the transcripts/recording to be used as evidence.

You would obviously have to prepare the transcript/copies of recordings in anticipation of this, and send it to The TS with a letter of explanation.

bro58

Hi Puccalove,

Thanks for your reply. Yes, I told him I was recording it; he was far from happy!

Thanks for the advice. I'm sure they deliberately bungle the reports so it becomes as complicated as possible! My husband is going to go through the recording and write my answers against the questions on the MA form.

I'll keep you posted as to the outcome.

Fingers crossed (well, the ones that work, anyway!)

Vikki

VikkiH wrote: Hi Puccalove,

Thanks for your reply. Yes, I told him I was recording it; he was far from happy!

Thanks for the advice. I'm sure they deliberately bungle the reports so it becomes as complicated as possible! My husband is going to go through the recording and write my answers against the questions on the MA form.

I'll keep you posted as to the outcome.

Fingers crossed (well, the ones that work, anyway!)

Vikki

Hi VH,

I am most surprised that The EMP agreed to the medical being recorded.

That is even better, if it was done with the EMP's knowledge.

I bet they kept their verbal comments to a minimum !!

Good luck and please keep us updated.

bro58