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Examining Medical Practitioner did not examined me
- Frank
- Topic Author
12 years 3 months ago #79211 by Frank
Examining Medical Practitioner did not examined me was created by Frank
I am a pensioner and my appeal about my Attendance Allowance claim being rejected by the Department of Work and Pensions (DWP) is on 20 February 2012.
The DWP letter rejecting my claim makes reference to a medical examination but I have not been examined by any DWP Examining Medical Practitioner (EMP) !
They only have a hurried form completed by my own GP that does not go into any detail.
Should I have been examined by an EMP before the decision of the DWP?
If the DWP have made a mistake over the EMP, is it best to raise this in writing before the hearing or orally at the hearing?
The DWP letter rejecting my claim makes reference to a medical examination but I have not been examined by any DWP Examining Medical Practitioner (EMP) !
They only have a hurried form completed by my own GP that does not go into any detail.
Should I have been examined by an EMP before the decision of the DWP?
If the DWP have made a mistake over the EMP, is it best to raise this in writing before the hearing or orally at the hearing?
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- pata1
12 years 3 months ago - 12 years 3 months ago #79214 by pata1
Replied by pata1 on topic Re:Examining Medical Practitioner did not examined me
The DWP doesn't always require that one of their doctors examine you, if your doctor has written to them. Plus the DWP will already have a lot of information about you in their records.
For your information, AA appellants have a high rate of success at appeals, currently about 60%, and most of them are due to what the appellant tells them at the tribunal.
Good luck.
Pat
For your information, AA appellants have a high rate of success at appeals, currently about 60%, and most of them are due to what the appellant tells them at the tribunal.
Good luck.
Pat
Last edit: 12 years 3 months ago by pata1. Reason: Corrected Typo.
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- Gordon
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12 years 3 months ago #79241 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Examining Medical Practitioner did not examined me
Frank
AS this appears to be your first post you may want to review the following FAQ.
Welcome to Benefits and Work
With regard to the medical the DWP are refering to. If they are relying on it as evidence, then there should be a copy of the report produced by the doctor who did the examination, in the bundle of documents you should have received from the DWP, when your appeal was passed to the Tribunal Service.
Our DLA guides, including how to refute a medical report, are on the following link
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
You might want to review the following FAQ as well.
Preparing for a Tribunal
If you have more questions, please come back to the forum.
Gordon
AS this appears to be your first post you may want to review the following FAQ.
Welcome to Benefits and Work
With regard to the medical the DWP are refering to. If they are relying on it as evidence, then there should be a copy of the report produced by the doctor who did the examination, in the bundle of documents you should have received from the DWP, when your appeal was passed to the Tribunal Service.
Our DLA guides, including how to refute a medical report, are on the following link
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
You might want to review the following FAQ as well.
Preparing for a Tribunal
If you have more questions, please come back to the forum.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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