Any tried recording their medical?

Adaline

I get HRM and LRC indefinitely. My conditions are all very genuine, so in many ways I don't mind the thought of the medical that we're all going to have, except that I keep reading on this board about people who feel they've been mis-represented in their medicals, and that what's been written down bears no resemblance to what they've said. Has anyone tried taking a voice recorder into the room, telling the assessor clearly that they're recording it (I think you have to legally), and then being able to refer to this if what's written down is different and it goes to appeal? I'm really concerned that whatever I say in the medical, whenever it happens, may be changed in order to help the DWP make their savings. I think a lot of us are feeling disempowered, and being able to have a recording of the medical might help.

dmg24

If you give ATOS and the DWP notice of your wish to do so beforehand, they should facilitate it. However, you may have to ask more than one person, the call centre staff often don't have the knowledge to deal with such a request. The problems start when people try to do it without asking - in that case a Tribunal can choose whether to admit it as evidence or not.

[Deleted User]

there are plans to record ALL medicals,although from when has not been made clear yet.

rogerblack

dmg24 wrote: »

If you give ATOS and the DWP notice of your wish to do so beforehand, they should facilitate it. However, you may have to ask more than one person, the call centre staff often don't have the knowledge to deal with such a request. The problems start when people try to do it without asking - in that case a Tribunal can choose whether to admit it as evidence or not.

Should.
However, as I understand it, their current general line is that you need a recording machine, setup by a professional.

There is case law saying that they should be willing to accept any reasonable record - for example - two manual tape recorders - with no requirement that it is professionally setup, but last I heard, it's still problematic.

Richie-from-the-Boro

Unless its changed in the last 7 months :

MEDICAL SERVICES
PROVIDED ON BEHALF OF THE DEPARTMENT FOR WORK AND PENSIONS


Atos Healthcare,
3 Olympic Way,
Wembley,
Middlesex,
HA9 ODL
Tel: 020 8795 8806
Mr XXXX XXXXX,
XXX XXXXXXX ROAD
LONDON
XXXXXX

Your reference: xxxxxxxxx


Date: 07/10/2010

Dear Mr XXXXXXX XXXXXXX,
We have been asked by the Department for Work and Pensions to arrange a medical assessment in respect of your claim for Incapacity Benefit. I understand that you have made a request to make an audio and/or video recording of your assessment with us.

Atos Healthcare has clear guidance agreed with the Department for Work and Pensions on audio taping and video taping a medical examination. This is designed to ensure that a consistent approach is taken to all such requests and is designed to safeguard the interests of both the customer and the examining doctor.

The DWP never requires that a medical assessment for the purpose of advising on entitlement to state sickness or disability benefits be recorded on audio or videotape.
Any request can only be agreed with the prior consent of the examining doctor and then only if stringent safeguards are in place to ensure that the recording s complete, accurate and that the facility is available to all parties present. The recording must be made by a professional operator, on equipment of a high standard and properly calibrated by a qualified engineer immediately prior to the recording being made. The equipment must have the facility for reproduction so that all parties can retain a copy of the tape.The cost of making the arrangements rests with the customer, as recording is not a requirement of the Department for Work and Pensions.

Your appointment will not be scheduled before 1st November 2010 to allow you time to make the necessary arrangements or, if Atos Healthcare is unable to grant a request for the recording, so that you can arrange for the examination to take place with a chaperone or other witness.

Please contact us on the above number by 27th October 2010 to confirm whether you still wish to record the assessment and, if so, that you are able to comply with the requirements stated above.

Please do not hesitate to contact me if you have any further queries.

Yours sincerely,

***** *******
Team Leader

Atos Origin IT Services UK Ltd — Olympic House — 3 Olympic Way — Wembley - Middlesex — HA9 ODL
ATOS Origin IT Services UK Limited— Registered Number 1245534—England and Wales
Registered Office: 4 Triton Square, Regents Place, London, NW1 3HG —VAT NO. GB 232327983

eskimo26

Richie-from-the-Boro wrote: »

Unless its changed in the last 7 months :

MEDICAL SERVICES
PROVIDED ON BEHALF OF THE DEPARTMENT FOR WORK AND PENSIONS


Atos Healthcare,
3 Olympic Way,
Wembley,
Middlesex,
HA9 ODL
Tel: 020 8795 8806
Mr XXXX XXXXX,
XXX XXXXXXX ROAD
LONDON
XXXXXX

Your reference: xxxxxxxxx


Date: 07/10/2010

Dear Mr XXXXXXX XXXXXXX,
We have been asked by the Department for Work and Pensions to arrange a medical assessment in respect of your claim for Incapacity Benefit. I understand that you have made a request to make an audio and/or video recording of your assessment with us.

Atos Healthcare has clear guidance agreed with the Department for Work and Pensions on audio taping and video taping a medical examination. This is designed to ensure that a consistent approach is taken to all such requests and is designed to safeguard the interests of both the customer and the examining doctor.

The DWP never requires that a medical assessment for the purpose of advising on entitlement to state sickness or disability benefits be recorded on audio or videotape.
Any request can only be agreed with the prior consent of the examining doctor and then only if stringent safeguards are in place to ensure that the recording s complete, accurate and that the facility is available to all parties present. The recording must be made by a professional operator, on equipment of a high standard and properly calibrated by a qualified engineer immediately prior to the recording being made. The equipment must have the facility for reproduction so that all parties can retain a copy of the tape.The cost of making the arrangements rests with the customer, as recording is not a requirement of the Department for Work and Pensions.

Your appointment will not be scheduled before 1st November 2010 to allow you time to make the necessary arrangements or, if Atos Healthcare is unable to grant a request for the recording, so that you can arrange for the examination to take place with a chaperone or other witness.

Please contact us on the above number by 27th October 2010 to confirm whether you still wish to record the assessment and, if so, that you are able to comply with the requirements stated above.

Please do not hesitate to contact me if you have any further queries.

Yours sincerely,

***** *******
Team Leader

Atos Origin IT Services UK Ltd — Olympic House — 3 Olympic Way — Wembley - Middlesex — HA9 ODL
ATOS Origin IT Services UK Limited— Registered Number 1245534—England and Wales
Registered Office: 4 Triton Square, Regents Place, London, NW1 3HG —VAT NO. GB 232327983

They can still refuse the appointment even after all that if the examiner doesn't want to be recorded, and most don't as i understand it. Then they have to find one who doesn't mind which could take a while so i've heard.

Do it on a phone or small mp3 turned on before approaching the building and don't tell anyone about it because if they realize your recording they will terminate the appointment ASAP.

Unless of course you actually know someone who works as a sound recorder, can take the day off to operate the machinery and can get said machinery for free. :rotfl:

Regardless the Atos medical is not the be all and end all the evidence you send to the DM is much more important and that's something most people don't realize, they don't readily advertise it or request it.

Be aware if you do it outside of there requests they will try and have it blocked from being used at tribunal, i think they get you to sign a paper that says as much though how binding it is seems to be fairly mixed with the posts i've read.

dmg24

rogerblack wrote: »

Should.
However, as I understand it, their current general line is that you need a recording machine, setup by a professional.

There is case law saying that they should be willing to accept any reasonable record - for example - two manual tape recorders - with no requirement that it is professionally setup, but last I heard, it's still problematic.

Nottingham have the facilities to do it now, I can't comment on other centres.

Richie-from-the-Boro

dmg24 wrote: »

Nottingham have the facilities to do it now, I can't comment on other centres.

There are pilots running, only ten of them I think around the country !

wild666

dmg24 wrote: »

If you give ATOS and the DWP notice of your wish to do so beforehand, they should facilitate it. However, you may have to ask more than one person, the call centre staff often don't have the knowledge to deal with such a request. The problems start when people try to do it without asking - in that case a Tribunal can choose whether to admit it as evidence or not.

Don't tell ATOS & DWP you wish to record tell them you are going to audio record all verbal communication then see how they react, they will try everything to tell you that you cannot record. If they agree when you turn up expecting a recording engineer to be there after they have told you it is OK you will find there isn't one there and expect you to go through with the assessment.
I have already told the DWP that any communication from me will be either an email or letter the next is recording the assessment when called again.

System

I never recorded my first one but i am sure as hell covertly recoding on my phone for my one on monday.

rogerblack

Above caselaw I mentioned is at http://www.administrativeappeals.tribunals.gov.uk/aspx/view.aspx?id=2663

The judge says that the DWPs requirements are not reasonable.