Factsheets

1. If the Benefits Agency decides they want a report from one of their Doctor’s (known as an Examining Medical Practitioner or EMP) you should be notified in advance of the time and date of the examination and the name of the visiting doctor. Benefits Agency guidelines say 10 days notice in writing should be given. If the doctor turns up unannounced, or at too short notice for you to arrange for someone to be with you, you are entitled to refuse to see him until an appointment has been made.

2. When you are notified of a visit contact your local DIAL straight away. For details of your nearest DIAL look in the phone book or ring 01302 310123 for details. Your DIAL can explain your rights in detail. In certain circumstances you have the right to request that a different doctor from the one named visit you.

3. Always have someone with you during the examination; this could be a friend or family member. Make sure that the person stays with you when the doctor arrives and remains with you throughout the whole examination. You have the right to have someone with you during the examination. Either you or your friend should note how long the doctor takes over the examination, any medical checks that are made and any comments by the doctor. Keep these notes safe as you may well need them in the future.

4. The doctor may want to perform a physical examination. Do not let the doctor browbeat you into doing something that you know you cannot do or that will cause you pain or damage your health.

5. Be truthful, but do not be bullied or intimidated into saying things that you know are not strictly correct, for example under estimating your needs. On the other hand do not overplay your problems as the doctor may suspect that you are not as disabled as you really are!!

6. You will be asked to sign a statement which is your own description of your care and mobility needs – during the examination the doctor should have been recording your statement about your disabilities. When you sign, you are confirming that the statement recorded is correct. You are not signing to say that the doctor has been to visit you or signing so that the doctor can be paid. Only sign the statement once you have read it or have it read back to you. If you do not agree with any of the information written, say so and ask the doctor to change things.

7. If you are still not happy with the changes to the statement or the doctor will not make any alterations, you can refuse to sign the form. If this happens contact your local DIAL group straight away to explain things. The DIAL can contact the Benefits Agency on your behalf to explain why you did not sign your statement. There is a separate section of the report form where the Doctor gives her/his own opinion about your disabilities. The Doctor is entitled to reach a different opinion from you, but should not try to persuade you to change your statement so that it agrees with that opinion.

8. If you have any complaints about the doctor’s manner or attitude, or the way in which the examination was carried out, contact your local DIAL who can advise you on the complaints procedure. You are entitled to complain if you are unhappy about the examination. Registering a complaint will not adversely affect your claim and your complaint will help identify how many doctors are not performing the examinations properly. Your complaint will count.

9. If you are unhappy with the decision on your claim for Disability Living Allowance or Attendance Allowance, whether or not you have had a visit by an EMP, contact your local DIAL for advice. You have the right to challenge the decision of the Benefits Agency but only have one month from the date of the decision. So, don’t delay, get advice as soon as you can.

Produced by:
DIAL UK, St. Catherines, Tickhill Road, Doncaster, DN4 8QN

This guide has been based on the original survival guide produced by DIAL Swansea. DIAL UK gratefully acknowledges DIAL Swansea’s permission to produce this guide.