DLA Troubles - ATOS liars!

cit_k

Cpt.Scarlet wrote: »

RUBBISH

If you attempt to overtly record a medical without the permission of ATOS/DWP and the "doctor", your medical will be stopped and you will likely be classed as having failed to attend, which could result in the loss of your benefit.

Telling them in advance, in writing or otherwise, does not constitute an agreement on their part for you to proceed, nor would it make it any more likely to be accepted as evidence at a Tribunal.

Indeed, and in the unlikely event that the assessor actually read your evidence/notes that stated that, they would simply ask if you are recording, and halt the medical, stopping your benefits, possibly without the right to payments during appeal, as a fail to attend a medical can mean you lose the right to be paid on appeal if i recall.

Admissability does not depend on notice being given, in fact, not giving notice would I beleive put you in a stronger position case law wise for having it accepted, due to previous cases that hinged on notice being given or not.

mrnasty

'Telling them in advance, in writing or otherwise, does not constitute an agreement '

So telling you in advance that calls maybe recorded for monitoring, training or security purposes does not constitute an agreement if you continue the call that your recording maybe used in evidence? be careful on that one....

Second of all, you can not be said to have not attended a medical for all intents and purposes if you have actually attended.. simply that the DWP / ATOS doctor could discontinue the assessment at his own peril, but you didn't fail to attend...

Finally, if you hadn't failed to attend, hadn't refused to answer the questions and meet the criteria in eligability for the benefit (if this is a retest) then the DWP could find themselves either in breach of a statutory duty and going beyond the powers vested in them leading to a judicial review...

It maybe that a person is paranoid, that forms part of their mental health disability and that is why they are recording the assessment. It maybe that person is forgetful and they are recording it for memory purposes.... have you thought about the Equality impact on the public sector equality duties?

Regards...

Cpt.Scarlet

mrnasty wrote: »

'Telling them in advance, in writing or otherwise, does not constitute an agreement '

So telling you in advance that calls maybe recorded for monitoring, training or security purposes does not constitute an agreement if you continue the call that your recording maybe used in evidence? be careful on that one....

Second of all, you can not be said to have not attended a medical for all intents and purposes if you have actually attended.. simply that the DWP / ATOS doctor could discontinue the assessment at his own peril, but you didn't fail to attend...

Finally, if you hadn't failed to attend, hadn't refused to answer the questions and meet the criteria in eligability for the benefit (if this is a retest) then the DWP could find themselves either in breach of a statutory duty and going beyond the powers vested in them leading to a judicial review...

It maybe that a person is paranoid, that forms part of their mental health disability and that is why they are recording the assessment. It maybe that person is forgetful and they are recording it for memory purposes.... have you thought about the Equality impact on the public sector equality duties?

Regards...

You're still talking rubbish

Your example is not relevant, because ATOS would not allow the medical to continue if notified in advance that it was going to be recorded.

The test for attending a medical is not starting it, but finishing it.

Failing to participate in the medical can be classed as a failure to attend because of technical reasons.

The Equality act is not applicable, note taking is not a reason, and needing to record a medical because of your condition would have to be argued at appeal.


The rules that govern how the DWP and operate with regard to recordings is clearly laid out, I don't know anybody who thinks it's reasonable, but that won't change a thing.

So to repeat the correct advice.

If you attempt to overtly record a medical without explicit agreement, in advance, your medical will be terminated and you will be classed as having failed to attend, which in these circumstances will quite likely lead to a closure of the claim.

cit_k

mrnasty wrote: »

'Telling them in advance, in writing or otherwise, does not constitute an agreement '

So telling you in advance that calls maybe recorded for monitoring, training or security purposes does not constitute an agreement if you continue the call that your recording maybe used in evidence? be careful on that one....

Second of all, you can not be said to have not attended a medical for all intents and purposes if you have actually attended.. simply that the DWP / ATOS doctor could discontinue the assessment at his own peril, but you didn't fail to attend...

Finally, if you hadn't failed to attend, hadn't refused to answer the questions and meet the criteria in eligability for the benefit (if this is a retest) then the DWP could find themselves either in breach of a statutory duty and going beyond the powers vested in them leading to a judicial review...

It maybe that a person is paranoid, that forms part of their mental health disability and that is why they are recording the assessment. It maybe that person is forgetful and they are recording it for memory purposes.... have you thought about the Equality impact on the public sector equality duties?

Regards...

Its already been answered well, but in addition to the answer, atos dont seem to care if its health reasons for recording, in fact, they dont even seem to care about basic health and safety such as fire safety (they have publicly admitted some centers would have problems evacuating disabled claimaints).

Nor do they seem to care about accessiblility etc, as not all centers are wheelchair accessible etc.

In fact, they dont care about much but making money as far as I can see.

FTW

Hammyman wrote: »

I doubt it. You would have to seek permission from them to record it as it is their premises and their staff on their ground.

No, you wouldn't. You can do it without telling them you're doing it.

And if they do tell lies, you can use it as evidence to a tribunal (but it's best to get the whole conversation transcribed into written form).

I've done this myself.

FTW

Cpt.Scarlet wrote: »

You can request that the session is recorded but the usual response is that it can only be done under DWP restrictions and at your expense.

You can legally, covertly record the recording, however, be careful doing so as if you are found to be doing so the "doctor" will terminate the medical and this may be classed as a no show which could affect your claim.

True. Just make sure you take steps to ensure they don't 'catch' you.

However, if part of or most of the medical has already been recorded, it would be difficult to see how they could class it as a 'no show'.

After all, the patient is not an Atos employee, and therefore isn't bound by any terms and conditions they try to impose.

FTW

Cpt.Scarlet wrote: »

Telling them in advance, in writing or otherwise, does not constitute an agreement on their part for you to proceed, nor would it make it any more likely to be accepted as evidence at a Tribunal.

Absolutely agree with this. And telling Atos you're even thinking about getting it on recorded format is the worst thing you can do.

teresa555

i just receved my atos medical report and there are so many lies i wish i had recorded mine, dr asked do i have a social life, i said no i don't go out, asked do i visit family and friends i said no my family live in london, report says i have a social life and visit family and friends

FTW

teresa555 wrote: »

i just receved my atos medical report and there are so many lies i wish i had recorded mine, dr asked do i have a social life, i said no i don't go out, asked do i visit family and friends i said no my family live in london, report says i have a social life and visit family and friends

I'd appeal it, and get all the medical evidence you can to discredit that report.

eskimo26

DaveHedgehog wrote: »

I've received a letter today saying I will have to be assessed at a medical centre, can I still make a recording?

Sorry i accidently wiped this post my advice was to challenge them and ask them why they are changing there minds having given you a home visit originally, get your dr to fax in a letter saying you need a home visit. Then if all else fails get your MP involved if necessary because its a little unusual for them to agree to a home visit then say you no longer need one when your needs and/or situation presumably haven't changed.

Also check its not a mistake like a generic letter might have been generated and sent out without consulting your file.