Negotiation and settlement

[ULA]

Thank you for coming back with an update.

As you start preparing for the hearing, if you need any further help then please just come back to this thread rather than start a new thread as the previous posts are helpful information.

[GoldenRaven]

Hi,

Can you please help me figure out what else we need to do or get to prove disability of anxiety and depression?

Mum is still under the GP's care and has not been referred to a specialist or consultant. GP has referred her to talking therapy/counselling and we have these records.

I've read that sometimes the court or the Respondent request an assessment by a relevant medical professional. Can we get one done privately before the hearing so the evidence is ready and her case is fully supported?

Who is the best medical expert who will be relevant and credible in the eyes of the tribunal for anxiety and depression disability?

Do you know the approximate costs?

BACKGROUND:

The Respondent have said they do not accept that my mother is disabled at all and if she is she was not disabled at the relevant times.

We have sent the following evidence of my mother's disability along with a disability statement detailing how her daily life is affected, how she was prior to the issues with the Respondent and how she was at the time of and the time following these issues.

The medical issues started 6 months before my mum went on sick leave, sick leave has been over 15 months. Mum is still receiving the same treatments, and is waiting for an OH appointment to assess returning to work.

ALL evidence attests to my mum's mental health and how this was progressively getting worse. They all mention that it seems to be because of the issues with her employer and that these need to be resolved before she can start recovering.

The period covered in what we sent is from 6 months before mum went on long-term sick leave up to the day we submitted the documents and the disability statement to the Respondent, covering approximately 20 months.

Evidence sent.
1. From GP: Medical records with GP notes from a dozen or so consultations, the GP prescriptions and the GP-issued sick notes.
2. From talking therapies/counselling: reports and questionnaire assessment and scoring of my mum's mental health for depression (PHQ) and anxiety (GAD) for all sessions (approx 30 sessions) since my mum went on sick leave (approx 12 months).
3. 2 x OH reports giving an assessment that my mum's mental condition and that it 'may' be covered under the Equality Act. And saying the issues with her employers need to be resolved before she can 'sustain a return to work'. And it also includes recommendations to help her return to work, the main ones being resolving the issues, reduced hours and reduced workloads.

Thank you so much for your help. It is helping us navigate a very complicated and stressful situation.

[ULA]

Yes the Respondent can ask for the claimant to get an independent medical report or I have known situations where the claimant themselves has organised this to present as part of the medical evidence in the bundle.

I have no recommendations for a medical expert anxiety and depression disability. If you are going to consider getting an expert report then in the first instance I would suggest speaking to your mother's GP they may be able to advise. Alternatively I have come across the organisation linked to below, although I have not used them and I am not giving you their details as a recommendation. They may also be able to advise on cost.

If you did want to get a medical report from an expert I would ensure that it is done in time to add into the bundle i.e. before the deadline for bundle completion. It also means if applicable reference can be made to relevant parts in your mother's witness statement.

https://www.mewa.org.uk/

[GoldenRaven]

Yes the Respondent can ask for the claimant to get an independent medical report or I have known situations where the claimant themselves has organised this to present as part of the medical evidence in the bundle.

I have no recommendations for a medical expert anxiety and depression disability. If you are going to consider getting an expert report then in the first instance I would suggest speaking to your mother's GP they may be able to advise. Alternatively I have come across the organisation linked to below, although I have not used them and I am not giving you their details as a recommendation. They may also be able to advise on cost.

If you did want to get a medical report from an expert I would ensure that it is done in time to add into the bundle i.e. before the deadline for bundle completion. It also means if applicable reference can be made to relevant parts in your mother's witness statement.

https://www.mewa.org.uk/

Thank you so much for this information!! This has been keeping me up at night. Off the top of my head we don't have long to agree the bundle, I believe this is due in mid January.

Is there a way to add the medical expert evidence after the bundle has been agreed?

I think because so much of the case depends on proving disability, especially as this has really affected Mum's life, a medical expert opinion is of vital importance.

[GoldenRaven]

Yes the Respondent can ask for the claimant to get an independent medical report or I have known situations where the claimant themselves has organised this to present as part of the medical evidence in the bundle.

I have no recommendations for a medical expert anxiety and depression disability. If you are going to consider getting an expert report then in the first instance I would suggest speaking to your mother's GP they may be able to advise. Alternatively I have come across the organisation linked to below, although I have not used them and I am not giving you their details as a recommendation. They may also be able to advise on cost.

If you did want to get a medical report from an expert I would ensure that it is done in time to add into the bundle i.e. before the deadline for bundle completion. It also means if applicable reference can be made to relevant parts in your mother's witness statement.

https://www.mewa.org.uk/

I forgot to say, this link is really useful as they deal with both solicitors and private people. Other medical expert witness services I have contacted have come back saying I can only access their services via a solicitor.

[ULA]

Even if the bundle is to be agreed by mid Jan from one of your posts it seems the hearing is at the end of 2024. Disclosure is an ongoing process and you could argue that a medical report after agreement of the bundle falls under this. However I would suggest it is not left too long to organise. This is relevant as your mother may want to refer to parts of it in her witness statement and there will be a date for exchange of witness statements she will need to adhere to.

Glad the link was useful and I was well aware they dealt with solicitors and individuals which was the reason for providing their details.

[GoldenRaven]

Even if the bundle is to be agreed by mid Jan from one of your posts it seems the hearing is at the end of 2024. Disclosure is an ongoing process and you could argue that a medical report after agreement of the bundle falls under this. However I would suggest it is not left too long to organise. This is relevant as your mother may want to refer to parts of it in her witness statement and there will be a date for exchange of witness statements she will need to adhere to.

Glad the link was useful and I was well aware they dealt with solicitors and individuals which was the reason for providing their details.

Thank you ULA. You are a star!

I had contacted some medical expert witness places but no joy. I contacted the one you linked to and waiting for a quote and timeline. We are trying the GP route as well, but can't get an appointment at the moment. And I am not sure they will refer Mum to a psychologist to help her tribunal case. However, the argument that without a formal diagnosis she is not getting the help and the protection she should. Beside, the condition has gone on for quite a while, it is not getting better and has even gotten worse. Fingers crosses.

Thank you again.

[GoldenRaven]

Hi, I am just updating the post to help others. MEWA has returned 1 quote for a psychiatrist assessment just under £1400. I did submit a summary of the case and some OH reports for them to give me a quote. This includes going through 100 pages of medical evidence. So each case will likely be priced differently.

The price point is twice what I was expecting, we are not sure if we can make this happen and if so it will likely be after the bundle is agreed but we can definitely pay for it before the hearing.

We are still trying to reach the GP to get a formal diagnosis. Fingers crossed.

Forgot to add, I am looking at private hospitals and individual psychologists with witness experience as alternate, hopefully more cost effective options.

[ULA]

Thanks for the update. Unfortunately the route of a private medical expert report is not inexpensive. Hopefully via the GP may be a less costly route if they can direct you to the correct specialist. You do have a bit of time to sort this out.