Dr Who? or PIP appeal hearing adjourned for an EMP’s report to be obtained.

UT Judge Gray asks;

How does this power fit into the PIP process?

36. I have not been informed as to the way in which a tribunal referral operates.  I know that under the old system, prior to the contracting out to independent Assessment Providers, special arrangements were in place to carry out medical examinations directed by a FTT.  That may continue to be the position under the current changed arrangements.  In any event where it is directed such an examination must occur and a report of it provided to the tribunal; given that the Secretary of State accepts that the FTT has the power to commission an examination if no procedure currently exists no doubt it soon will.

No it doesn’t and no it will not!

This thread has had an outcome. At the original Tribunal the Judge who adjourned for an EMP report had checked with a senior colleague that they had the power to request one and that one would be carried out

When DWP were finally persuaded to respond,  they sent out an EMP from the wrong assessment provider to carry out an assessment for DLA.

This was pointed out to the Tribunal Service and a District Tribunal Judge rescinded the direction requesting an EMP report. The DTJ directions notice stated “that the bundle contains evidence from the HCP report from May 2015 and the appellant should enable the tribunal to make an informed decision. That prospect is now enhanced by virtue of the GP records. An “EMP” report is unlikely to differ much from the May 2015 report in terms of physical findings.” 

This was the same District Judge who advised the Judge at the first hearing. And this hearing also had the HCP report from May 2015 and the claimant and her CPN. Claimants main disabling illness is mental health.

At our most recent TUG meeting my colleague asked;
“Appeals being adjourned for further medical evidence to be obtained by the Tribunal Service, PIP cases specifically. There is some confusion on whether EMP reports are being completed on PIP appeals.”

DTJ confirmed if a direction is made then another assessment should be done.

TS stated there have been no further requests for EMP reports to be completed on a PIP case since the last request was rescinded.

So UT judge Gray the current procedure is that you can ask, but when the assessment provider says no, just back down and don’t ask any-more!!

Standard DL & mob awarded for 3 years at re-listed hearing

Is there a terminology problem here? As I understood it, an “EMP” was a GP rather than other sorts of health professional, and the exam was generally done at a home visit.  This was for DLA and AA, but you are not going to get this under PIP. What you may get is a referral back to Medical Services (Capita/Atos) for a standard (non-paper-based) consultation.

According to a PO at my colleagues PIP appeal, their system doesn’t allow them them to re-refer back to the AP once it’s been accepted by the case manager.
There is nothing in their contract with the DWP to allow this.
Before it’s signed off it can be sent back for re-work or whatever term is flavour of the month with them.
So no F2F assessment and a decision made, then taken to a Tribunal (who does have the power to request an assessment) what are we left with?
The ending of Reservoir Dogs…with fingers pointed instead of guns.
God help claimants.