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Refusing EMP
Hi
I have an outstanding DLA claim on behalf of a client with MH problems (where additional evidence requested from other sources but not received by DWP although confirmed as sent by clt’s GP). Client has been notified that they intend for EMP to visit but client is flat out refusing to engage with this due to previous struggles with DWP.
Anyone experienced this before?
We have sent a fair amount of evidence already although admittedly most docs over 1 yr old. Am hoping to get GPFR from GP to forward on. Any other suggestions?
Yes, some time back now but I’ve had this a few times. In one case I had to spell out that engagement with EMP was probably the only evidence we were going to get but agreed to attend the clients home at the time it took place. In the other case I decided we had more than enough evidence to secure an award and decided to proceed without agreeing to a visit.
In case 1 I answered the door, which rather freaked the EMP out and then sat there in silence. You’ve never seen such a well behaved EMP :) Got our award sorted after 9 years 3 tribunals and 2 visits to the Commissioners. I am nothing if not persistent in cases I believe in :)
In case 2 the EMP tried to visit anyway on 2 occasions and I had to persuade the clt. to treat them like a bailiff and not let them over the threshold. After attempt 2 we lodged a formal complaint. They made an award.
Very much depends on the merits of the case and the mental strength of the claimant.
Thanks Mike. That’s really helpful.
The most bizarre thing in this case is that I am in fact prohibited from seeing this client in his home due to risk assessment and would be fearful for the EMP’s health!
Client has just passed me a further bunch of papers including letters from probation officer and a previous ESA tribunal decision notice, that references ‘bizarre, violent and delusional ramblings’ which should hopefully give them enough info anyway.
Thanks Mike. That’s really helpful.
The most bizarre thing in this case is that I am in fact prohibited from seeing this client in his home due to risk assessment and would be fearful for the EMP’s health!
Client has just passed me a further bunch of papers including letters from probation officer and a previous ESA tribunal decision notice, that references ‘bizarre, violent and delusional ramblings’ which should hopefully give them enough info anyway.
Sounding like a winner as long as they pay attention :)
If the client is willing then send a copy of the risk assessment to DWP. There is no more powerful document in mental health than this!
If the client is willing then send a copy of the risk assessment to DWP. There is no more powerful document in mental health than this!
I will second this as that’s exactly what I did last week after escalating. Decision issued today - wasn’t that quick!...
As a decision maker I would welcome any recent evidence you can submit. In a mental health case an EMP report is often a last resort, usually where there is a combination of mental and physical difficulties and we can’t get information from elsewhere. However, I would second the comments above that the risk assessment would be incredibly useful evidence as to the mental health of the claimant.