I have a copy of an EMP report for a client (DLA143). On page 7, need for attention, there are a series of boxes and the doctor is asked "In your opition can the customer safely (tick appropriate box)."

In this case the doctor has ticked the boxes relating to each activity for 'without someone's help' in all but 2 cases. However, on 10 questions he has also drawn an arrow going across into the box 'only with someone's help'(like this ---> . Then in the 'please comment if help required' he has made various comments.

One comment is 'expect should be able to manage'. Other comments include 'eg use stick'(referring to walk on level) and 'high seat' (referring to toilet)

Does the use of an arrow going across into the box 'only with someone's help' have an agreed meaning? what?!?

oops! the smiley face was a result of me trying to draw an arrow - just wanted to emphasise that there were no smiley faces on the report!

Everytime I see that formula on the EMP report it makes me cross! The regulations speak of the claimant requiring "attention in connection with bodily functions". Plus there is case law that says the attention has to be reasonably required. Nothing about whether the claimant can manage to carry out the activities on their own!
Personally, I always emphasize to the tribunal that all that malarky about being able to do things without help from another person is not the legal test and I try to pull it all back to whether the help is reasonably required.
Is it me that's out of step?
OK rant over (for now!).
Carol

Carol

You're perfectly correct of course. I put that point specifically at issue to a tribunal earlier this year, i.e the test is what is reaonably required and not what can be done safely. When we lost the Commissioner granted leave to appeal on that (plus another) point.

The Commissioner stated that the tribunal may have applied the wrong legal test. The Department responded by not supporting the appeal. I submitted my response this week. Now we are just waiting for a decision.

As for the arrows, Jo, I think that this is just the EMP's fancy way of indicating the appropriate box, i.e the one with the arrow head in it. Why s/he just couldn't tick it like everyone else, no one knows!

Regards
Paul

Hi
I agree with the other comments and just want to add that if I were representing your client I would point out that the EMP's comment 'expect should be able to manage' actully indicates an element of not knowing. I would point out all such comments and argue that the EMP shows uncertainty. (ie they did not write 'able to manage').
I hope this helps.
Mark