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Should I record my ATOS medical?

I was told that I am being reassessed now for ESA - just 6 months after receiving a letter saying I would be due for review in November 2013. Complaining via my MP hasn't done any good; it appears they can assess anyone at anytime. I'm filling out the ESA50 forms carefully today.

In the event of my being called up for an ATOS medical (I hope that this doesn't happen), would it be a good idea to covertly make an audio recording? because, perusing other threads, there often seems to be a big difference between what was said to the HCP and what was written down, or noted on their computer.

If I do make a recording, I don't intend to tell them about it.
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Comments

  • YES ! Most certainly. There are many devices now including keyrings that can be used to record voices or even video
    The DWP = Legally kicking the Disabled when they are down.
  • cit_k
    cit_k Posts: 24,812 Forumite
    In addition to a covert recording, write to the DWP and ATOS and request that THEY record the medical.

    They should do this, well, they have done it for others including myself.


    They record on professional equipment and give you one of the copies of the tape.

    Its likely if they record it they will ask you to sign a document saying you wont upload it to youtube, give it to the media, or use it for ANY other purpose other than for benefit entitlement, this means not even using it in court or with the GMC.

    Hence why you should do your own covert recording in addition to the official one, as you own the copyright to that, and can do what you want with it.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • Scared45
    Scared45 Posts: 75 Forumite
    Thanks, I think I'll ask in the ESA50 if they will record any medical.
  • eskimo26
    eskimo26 Posts: 897 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    cit_k wrote: »
    In addition to a covert recording, write to the DWP and ATOS and request that THEY record the medical.

    They should do this, well, they have done it for others including myself.


    They record on professional equipment and give you one of the copies of the tape.

    Its likely if they record it they will ask you to sign a document saying you wont upload it to youtube, give it to the media, or use it for ANY other purpose other than for benefit entitlement, this means not even using it in court or with the GMC.

    Hence why you should do your own covert recording in addition to the official one, as you own the copyright to that, and can do what you want with it.

    I thought they stopped doing this? I was aware when i was researching for my medical it was on trial but i was told it had been dropped when enquiring.

    Regardless send in additional information to the DM! Can't stress this enough, so many people think the form or ATOS medical is the be all and end all.
  • funguy
    funguy Posts: 606 Forumite
    Part of the Furniture 500 Posts
    Covert recording cannot be used as evidence for anything. Any recording MUST be with the permission of both parties.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    funguy wrote: »
    Covert recording cannot be used as evidence for anything. Any recording MUST be with the permission of both parties.

    As I understand it, the tribunal or DWP can choose to take into account any evidence they wish.

    And yes - as others have said - get more evidence.
    They do not routinely request information from your GP.
  • cit_k
    cit_k Posts: 24,812 Forumite
    funguy wrote: »
    Covert recording cannot be used as evidence for anything. Any recording MUST be with the permission of both parties.

    Not true, utter b*llocks in fact.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • As far as I know you are allowed to record the medical as long as you provide the equipment yourself. There's no reason to do it covertly.
  • cit_k
    cit_k Posts: 24,812 Forumite
    As far as I know you are allowed to record the medical as long as you provide the equipment yourself. There's no reason to do it covertly.


    Only, if

    a) its professional dual deck recording equipment
    b) that is professionally calibrated by a qualified sound engineer immediately prior to the assessment.
    c) copies of the recording are given to atos
    d) atos agrees
    e) the dwp agrees
    f) the assessor agrees.

    You can have a, b,c,d,e and still not get anywhere because the assessor just has to say NO.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • Muttleythefrog
    Muttleythefrog Posts: 20,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cit_k wrote: »
    Only, if

    a) its professional dual deck recording equipment
    b) that is professionally calibrated by a qualified sound engineer immediately prior to the assessment.
    c) copies of the recording are given to atos
    d) atos agrees
    e) the dwp agrees
    f) the assessor agrees.

    You can have a, b,c,d,e and still not get anywhere because the assessor just has to say NO.

    This is my understanding too. I did secretly record mine on one of these modern dictaphone contraptions. It proved revealing in highlighting the fears of the op.

    My understanding is that as potential evidence is a tricky area and may come down to whether a tribunal/court is prepared to admit it as evidence. Of course putting it into a written script may affect the legal question.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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