Hi

In the past I have often written to the tribunal service after the Secretary of State has issued their submission to ask for an EMP medical.

However, recently on an appeals course the tutor said not do this and wait for the day of the appeal to ask. (I know it is totally different during the reconsideration stage).

Do you think it is a good idea to ask in writing?

Thanks

I can see nothing wrong with your way of doing things. Seems a bit more professional than turning up on the day seeking an adjournment for an EMP, wasting a tribunal slot, wasting money and time. I don't know why the tutor would think this the best way to go; but what do I know.

I asked the tutor about this again and she said it is OK to write to ask for an EMP medical as long as you have reasonable justification to do so.

I don't know if I'm being unusually cynical but why would you want to ask for an EMP report rather than evidence from a GP/Hospital/Physio/CPN etc.

In my experience and trying to be diplomatic, EMP reports tend towards the unhelpful and while I can understand asking for one if it is the only option, I would certainly advise against doing it as a routine.

Maybe you just have different EMPs with a different attitude...

David

It wouldn't be my choice if you have any other way to go...

Thanks for everyones help

In this case, The GP, Practice Nurse and consultant have all been written to but have not provided much information.

Hmmmm......

They may not have provided much information, but so long as they've said nothing to actually contradict your client's statements as to effects of disability and consequent care needs and so long as you've got a client who presents as a reasonably credible witness, then my approach would be to:-

1) ask tribunal to allow appeal on the basis of the evidence before it - i.e. client's uncontested statements

2) should they feel unable to award on the basis of that evidence alone (and there's no reason in law to prevent them awarding on that basis) then invite them to commission an EMP report.....

This client may not come across as credible, I do not think she is a lier just confused.

She was turned down on the basis that her GP wrote "can get around" in his report.