Should I record my ATOS medical?

Redman_2

That's correct Mutley, Please remember though OP, that if ATOS discover that you are covertly recording they will stop the assessment.

Uncertain

funguy wrote: »

Covert recording cannot be used as evidence for anything. Any recording MUST be with the permission of both parties.

No, this is far too sweeping a statement. It is not as simple as that.

There are circumstances where covert recordings have been allowed as evidence in hearings and tribunals. Equally they can be refused - it depends on the judge's interpretation in each case.

Even if refused, simply knowing the existence of a recording concentrates the other side's mind on telling the truth. If they lie on oath and this can be proved by a recording, they have committed the criminal offence of perjury. The recording could be used to prosecute this even if it was excluded from the original hearing.

As an aside, has anybody tested the legality of ATOS attempt to force an agreement not to use their recordings in a complaint to the GMC.

A GMC hearing has the same powers as the High Court and can force witnesses to attend on pain of imprisonment etc.....

To get back to the original question there can be no harm in recording the "medical" as long as you don't get caught. They don't have the power to search you so a modern digital recorder in a pocket should prove safe enough!

Arg

Redman wrote: »

That's correct Mutley, Please remember though OP, that if ATOS discover that you are covertly recording they will stop the assessment.

Although how could they prove it.

Muttleythefrog

eskimo26 wrote: »

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.

I'm going to say it again...lol... because it can't be stressed enough.
I took a CPN report to my medical and the nurse doing my medical used it to reach conclusions she never otherwise would have. Copy was taken and this no doubt landed with her report at the DM's desk.

spherelance

eskimo26 wrote: »

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.

This is by far the best advice, many people assume that because the form asks for contact details of GPs, specialists, etc that a report will be obtained from them. In most cases it won't so it is best to provide your own, ideally when you send the ESA50 in but failing that at the actual examination (take a copy so you can leave one, don't assume they will copy it themselves).

eskimo26

spherelance wrote: »

This is by far the best advice, many people assume that because the form asks for contact details of GPs, specialists, etc that a report will be obtained from them. In most cases it won't so it is best to provide your own, ideally when you send the ESA50 in but failing that at the actual examination (take a copy so you can leave one, don't assume they will copy it themselves).

I'm pretty sure additional evidence put me in the WRAG as my case is weaker then people that have been posting about the same condition [most worse] and they have sought advice on appeals so were turned down for ESA.

I'm going to say it again...lol... because it can't be stressed enough.
I took a CPN report to my medical and the nurse doing my medical used it to reach conclusions she never otherwise would have. Copy was taken and this no doubt landed with her report at the DM's desk.

Who said anything about taking anything to your medical? ATOS do not take medical evidence its in bold on that letter they send you [despite my assessor asking for my medical leaflet that detailed side effects :mad:], unfortunately you were duped the assessment is based on LIMA and she no doubt inputted the information she favoured into the software from the report you provided. NEVER take anything to the medical you send it in to the relevant office addressed to the attention of the DM and posted recorded delivery.

The point is the medical is only one side of the evidence the DM considers the rest is what you send in, unfortunately they don't REQUEST the evidence so often the DM is left with the information on the ESA50 and the ATOS medical with which to make a decision. Conveniently this makes the ATOS medical much more decisive then originally intended, could be why the information is not requested but simply expected, at the end of the day they favour the result they want and its not in their interests to help you.

Invalidation

funguy wrote: »

Covert recording cannot be used as evidence for anything. Any recording MUST be with the permission of both parties.

Utter and total absolute rubbish.

You might like to tell that to the Police and all the CCTV operators?

Invalidation

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.

The OP was talking about a covert recording.
He just has to get a keyring recorder, turn it on and then leave the keys on the desk or as I do, just hold them.
Any evidence of any malpractice is worth having if indeed there is malpractice.

Scared45

Thanks for all your replies - I have a slim Sony digital recorder that has no flashing LEDs and will fit in a pocket and still record well.

Muttleythefrog

eskimo26 wrote: »

Who said anything about taking anything to your medical? ATOS do not take medical evidence its in bold on that letter they send you [despite my assessor asking for my medical leaflet that detailed side effects :mad:], unfortunately you were duped the assessment is based on LIMA and she no doubt inputted the information she favoured into the software from the report you provided. NEVER take anything to the medical you send it in to the relevant office addressed to the attention of the DM and posted recorded delivery.

The point is the medical is only one side of the evidence the DM considers the rest is what you send in, unfortunately they don't REQUEST the evidence so often the DM is left with the information on the ESA50 and the ATOS medical with which to make a decision. Conveniently this makes the ATOS medical much more decisive then originally intended, could be why the information is not requested but simply expected, at the end of the day they favour the result they want and its not in their interests to help you.

Oh in my case she referred to it in her report. I phoned around DWP and ATOS and never got an answer on supporting medical evidence being provided.. i.e. how do you go about it. But most convincing answer was just take it along and see if HCP will accept it. I did and she did.. and copy was taken and forwarded with her report to DM. HCP refers to my CPN report provided as supporting her conclusion (Exceptional circumstances) but perhaps most intriguingly she was referring to that report when asking questions... she seemed to ignore my ESA50 (although perhaps because she hadn't even read it yet - surprising admission.)