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DLA Examination Report lacking appellant’s and doc’s details
DLA appeal hearing adjourned to enable TS to obtain medical evidence. When this arrived it was completed with the medical details but the form has no claimant name and nor did it have the RMP’s details or signature.
We pointed this out to TS but it seems they simply forwarded it to the RMP who has noted his apologies for the oversight and then signed it.
Client is shall we say ‘very demanding’. He is not happy with this at all and I’m wondering what can we do about it if anything or would it be classed as a ‘slip of the pen’ even though there was no pen to speak of?
Is your client disputing that the report is about him? If not then I cannot see any basis for the Tribunal not to take it into account. The content, date and time of the medical should establish if relates to the right person.
If there is a real doubt as to whether the report was based on a medical examination of your client then that is a different matter. In such circumstances it may be necessary to seek a direction ordering a new report.
Is your client disputing that the report is about him? If not then I cannot see any basis for the Tribunal not to take it into account. The content, date and time of the medical should establish if relates to the right person.
If there is a real doubt as to whether the report was based on a medical examination of your client then that is a different matter. In such circumstances it may be necessary to seek a direction ordering a new report.
Thanks Joe, sorry for the delay but I once again forgot to tick the box to notify me of any replies.
The appeal lapsed so the client changed his mind about the report being acceptable!