ESA stopped - need urgent advice please as no money

cit_k

fluffymovie wrote: »

I am not an expert but I am pretty sure that recording a conversation without declaring to anyone is illegal and if the case were to end up in court, such evidence would be inadmissable.

No it is not illegal at all.

And it is up to the tribunal whether they will accept it as evidence, however a previous tribunal has accepted covert recordings as evidence before which proves it has been done.

Its a different matter if you are recording a phone conversation, or there are other people present (ie recording in a room with many people) but an assessment with you and the assessor, no problem at all with legal issues (despite ATOS scare tactics which try to suggest their may be)

Dreamnine

I would think that everyone should covertly record their ATOS medicals these days.

FTW

fluffymovie wrote: »

I am not an expert but I am pretty sure that recording a conversation without declaring to anyone is illegal and if the case were to end up in court, such evidence would be inadmissable.

No, it isn't.

I submitted my recording and a transcript of it to a tribunal, openly admitted that I'd recorded it, stated my reasons why I did it (in writing and verbally) - and it hasn't been turned down as evidence.

FTW

Dreamnine wrote: »

I would think that everyone should covertly record their ATOS medicals these days.

Exactly right.

fluffymovie

Apologies, I thought the op was being advised to record a telephone call rather than a medical

bitsandpieces

It's going off-topic, but there's fairly broad agreement that it's legal to record personal phone calls http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm Things get more complicated if you want to share the recordings with anyone else.

raq

elainey wrote: »

As long as you appeal within the time limit, and you continue to send in doctor's notes to cover you during the appeal process, you will continue to get ESA at the assessment rate. Do NOT apply for JSA, unless you are able and are actively seeking work, as it takes two weeks to close down the ESA claim, and a bare minimum of two weeks to set up a JSA claim.

Hope this helps
Love Elaine xx

This is correct as my dad had the dreaded letter in september and is now appealing. He had a letter the weekend to say they are giving him 6 months grace as he sent in a doctors sick note to cover him until January 2011.

pagangirl

Thanks for all advice.
Advice centre will sort appeal for me, also said a representative will come to a tribunal with me but not to expect to go before next April/May. Have no problem with doctor issuing sick notes, she usually does them for 2 months at a time.

jada_2

Hi everyone,

I just got a letter saying I have scored just 12 points with ATOS assessment and would like to appeal. I have a 3 year old severe back problem and now cancer. What is the advice bureau you mention - is it the citizen's advice bureau and how do I approach them. Am really panicking as I have just been awarded DLA a year ago and I hear that they are linked and that might be cut as well

Would be grateful for any any reply.

Regards

Jada

elainey_2

jada wrote: »

Hi everyone,

I just got a letter saying I have scored just 12 points with ATOS assessment and would like to appeal. I have a 3 year old severe back problem and now cancer. What is the advice bureau you mention - is it the citizen's advice bureau and how do I approach them. Am really panicking as I have just been awarded DLA a year ago and I hear that they are linked and that might be cut as well

Would be grateful for any any reply.

Regards

Jada

The number for your local citizens advice bureau should be in the yellow pages, if you give them a call, they'll tell you what you need to do. Take any paperwork related to the assessment with you. Also, bear in mind that you have to appeal within one month of the date on the decision letter.

Hope this helps
Love Elaine xx