How to record an ESA medical

A.Penny.Saved

Numerous people on this forum have stated that recording the medical is a good idea. Only fools would trust these people, they have already attempted to force a none attendance to a medical judgement on me. It was only my "paranoia" as you put it, that made me pick up on signals she was giving, where her concious betrayed her attempts to force a none attendance judgement.

A phone call to appointments revealed that she had falsely reported the times that I had given, making out that I put unrealistic and limiting time limits on the medical when I had not done such a thing. The person I spoke to, immediately found a medical in the same half day time limits that I had given to her.

epitome

A.Penny.Saved wrote: »

A phone call to appointments revealed that she had falsely reported the times that I had given, making out that I put unrealistic and limiting time limits on the medical when I had not done such a thing. The person I spoke to, immediately found a medical in the same half day time limits that I had given to her.

Sorry, I am not familiar with the process, who was the person who misrepresented your availability? Someone on the phone or in person? and who are they ATOS? or ESA BC?

If by phone, are the calls not recorded so you ask for a copy and make a complaint against them?

busy_mom_2

is it not illegal to record some-one with out the prior knowledge?

rogerblack

Speaking personally - I simply used my phone.
I checked it was able to record voice, then started it running half an hour early in my coat upper pocket.
Then took off the coat, and folded it so the lining was out, and placed it on top of my bag.

I should note however that on both occasions, the medical report I got was as accurate as could be expected in the conditions.
There were errors, but I would not call them gross distortions, or lies.
More errors due to the pressures of the system.

epitome

busy_mom wrote: »

is it not illegal to record some-one with out the prior knowledge?

No it's not illegal, but if you don't tell the person you are recording that you are recording them then it will be inadmissable as evidence. So only useful for your own records to use to refresh your memory of what happened.

Pretty stupid law IMHO AFAIAC evidence is evidence. But I accept there should be laws on evidence taken without a warrant to stop abuses, I just can't see what the "abuse" is that makes secretive recording inadmissable.

Two4Tuesday

A.Penny.Saved wrote: »

Where did you locate the phone? That could make a big difference no matter what device is used IMO. Did it manage to record both you and the examiner and could both be clearly heard?

Was there a desk between you and the examiner to locate the PC he used?

What I am concerned about is if I use a bag which is on the floor, will it pickup voices if shielded by a desk or bodies. Inside jacket pockets tend to absorb sound too much I think.

I just had the phone set to record, blanked the screen (iPhone) and just casually left it sitting on a chair next to me.

When the hospital staff found out later what I had done, they claimed it was illegal for me to record it and tried to force me to delete the recordings. I was pretty sure it wasn't illegal as the conversation included and was solely about me.

rogerblack

epitome wrote: »

No it's not illegal, but if you don't tell the person you are recording that you are recording them then it will be inadmissable as evidence. So only useful for your own records to use to refresh your memory of what happened.

The tribunal can take into account any evidence it wishes - including that which might be inadmissible in a criminal court.
Are they compelled to - no, but they can choose to.
In practice, a full transcript, with highlighted portions may be more appropriate than expecting them to listen to the tape.

Muttleythefrog

mynameistallulah wrote: »

Then you need to stop being so paranoid. They do have the facilities to record medicals now, with the only requirement that you give good notice of your wish to do so.

I understand they get you to sign a declaration which reduces your potential use of the material. I asked for confirmation of this and IIRC that was given by someone who had requested such a recording. If this is the case then covert recording seems a sensible measure... it also gets around having to rely on ATOS HC to have the equipment available and trust them to use it properly. As someone else above suggests, this isn't really an organisation I would trust with anything either... my first experiences of them were to receive misinformation and lacking information regarding supporting evidence, when I did arrive for my medical with a male GP I was surprised to be approached by a female (nurse)... I could go on.

I borrowed a modern dictaphone and kept it in my carrier bag... I was able to distract the HCP from any suspicious activity by pulling out my supporting evidence as I switched it on. I was aggressively challenged as I removed my evidence from my bag and also took out a pen and notepad. There was a very large desk (a surprising arrangement as it physically blocked the HCP from getting a good view of me to make some of the observations she recorded) between me and the HCP at her PC and this unfortunately did reduce the quality of the recording as my bag was on the floor.

Muttleythefrog

busy_mom wrote: »

is it not illegal to record some-one with out the prior knowledge?

There's two issues to consider. Data Protection and invasion of privacy. As the 'customer' is acting as individual then Data protection not an issue and as the recording is likely to only really expose the 'customer' to any invasion of privacy (since they're the sole subject of discussion) then that is obviously not an issue. I'm sure some legal eagle will correct any misunderstanding I have..lol.

seven-day-weekend

If, as is stated here, it is possible to request a recorded medical, then I don't see why all the cloak and dagger stuff is necessary.

I personally would feel it a great invasion of privacy if someone recorded me without my knowledge, whether in a private or professional capacity.