Refusal of a visit from DWP doctor

Hi all, sorry this is very long winded, however would appreciate any feedback.

Our client required assistance with the completion of a DLA claim pack for her Son.  On the day of her appointment an interpreter was booked as her first language is Portuguese. It became apparent on the day of the appointment that the form was going to be extremely difficult to complete through an interpreter, not only because we were speaking through a third person, but also because of the severity of what the client had to explain to us about her son’s mental health problem.  The client was really upset when relaying her son’s problems and could not explain fully how her Son’s disability affected his care and mobility.

Following an hour with the client it was decided that we would request the DWP’s doctor to make a visit with an interpreter, which we believed could be done by ticking the appropriate box in the DLA claim pack.  However, the client received no visit and the claim was refused.  The decision was appealed.  Reasons given were that the client requested a visit from a DWP doctor to carry out a medical assessment.  We also provided reasons as to why this request was made, both in the DLA claim pack and on the appeal form.

We have now been sent a copy of the original claim pack and asked to complete the entire form.  The letter received from the DWP states that it is not the doctor’s job to complete the DLA form.  Is this correct? If so why does the form provide an option of a visit from the DWP’s doctor?

Phew!!

Any information would be much appreciated, thanks.

“The letter received from the DWP states that it is not the doctor’s job to complete the DLA form”.  What a stupid and flippant thing to say.  Of course it isn’t, thats not the point. The DWP are supposed to gather evidence.  Write back as part of the appeal requesting (again) the EMP visit and why.  Copy the letter to your client’s MP and let the DWP know that you have copied the MP in.  You might also want to send a copy to the DWP customer service manager.

Hi,

Thanks so much.  The letter is so brazen that I thought they were correct and I was going mad!!! I have been out of the benefit game for a while and am a wee bit rusty.  Hence the reason for my long winded post!!

I will get a letter off to them and the MP at once!!

Thanks again

Hello,

Can anyone tell me where I can find any information/regulations with regards to a clients right to request a visit from an EMP because they are unable to complete the claim pack.

I have looked everywhere but can not seem to find anything.

Thanks

Hi Cookie
experiencing a similar problem. Requested EMP visit rather than complete section 2 of supersession request. Decision-maker contacted client refusing and stating he is reissuing forms.

We contacted him directly and he states will not send EMP out, we must complete the forms. The wording on the forms that client can request EMP are “outside his remit” and that he will not make a decision until section 2 complete.

Any advice anyone? Did anyone find regs/legislation regarding clients right to an EMP visit?

Many thanks.

There is no statutory right to an EMP.  Yet there is no statutory requirement to fill in section 2 either.  Years ago sections 1 and 2 were on separate forms.  Form (section) 1 was the claim form proper while form (section) 2 was simply a request for further information.  Once form 1 was completed and submitted then a valid claim was made and a proper decision had to be made on it.

The DWP have a duty to make a fair decision which is reasoned and based on evidence.  Faced with a situation like this where, presumably, your client has not ticked all the “no” boxes in section 2 then the DM must try to gather further information or evidence.  If the claimant refuses a further request to complete section 2 then the DM should at least write to that person’s G.P.  Depending on what comes back then he may make a decision (either for or against) or send out an EMP.  Any decision is, of course, subject to appeal to an independent tribunal.  That is the claimant’s right of redress.

What a DM cannot do is just sit on his hands and refuse to make a decision.  That is unlawful.  What a DM should not do is just reject the claim out of hand.  That is poor adjudication and administration.  First, because it produces a decision unsupported by any evidence and second, because it may lead to a long drawn out appeal process wasting more time and public money in the long run.

Having said that (although your client’s reasons for wanting the EMP seem perfectly reasonable) tribunals will take a dim view of anyone who refuses to complete section 2 just to be bloody minded or to simply (as misinformed) “stand on his rights.”

I Hart - 01 December 2010 01:16 PM

Hi Cookie
experiencing a similar problem. Requested EMP visit rather than complete section 2 of supersession request. Decision-maker contacted client refusing and stating he is reissuing forms.

We contacted him directly and he states will not send EMP out, we must complete the forms. The wording on the forms that client can request EMP are “outside his remit” and that he will not make a decision until section 2 complete.

Any advice anyone? Did anyone find regs/legislation regarding clients right to an EMP visit?

Many thanks.

Hi,

We tried to take the case further and again requested an EMP, however they again refused!! We advised them that the form was too difficult for the client to complete due to the nature of the information she had to provide and language barrier etc we did not complete the form.  They made a decision and refused, without obtaining medical evidence!!

We appealed and provided medical reports etc, the decision was revised in the clients favour. 

I do not know of any legislation or regulations, sorry.  It seems to be a complete waste of time requesting an EMP.  As Nevip points out it’s probably better to tick the relevant boxes “yes”and leave it to them to obtain further medical evidence!!