How to record an ESA medical

epitome

rogerblack wrote: »

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.

That's good advice.

Muttleythefrog wrote: »

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...

I would say covert recording would be fine as a back up to the requested recording. The restrictions on use probably include things like not to publish it i.e. on the internet etc which would be understandable.

Muttleythefrog

seven-day-weekend wrote: »

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.

Because of potential restricted use of recording... and of course the reliance on ATOS HC to administer the matter. I'm hoping someone can give the exact details of those restrictions... as above post says it may relate to things like publication... something which I have considered doing on internet. Something else that I've just thought of is the fact the medical begins when you're picked up at the waiting area by the HCP... presumably an ATOS recording will be purely in the assessment room missing what could be key exchanges en route to it... in my case describing how I'd got there after being asked how my journey was.. details of which ended up in the report. Also interesting was the HCP's tone changed dramatically the moment the door was closed.... this is helpful to know in explaining many of the things which followed in the assessment and were reported.

You might... but bear in mind in these circumstances it is likely the only things the HCP would reveal is some very basic details about themselves. The ECHR regarding right to private life would probably be tricky to invoke in a situation where you were secretly recorded revealing your name and profession at work.

Invalidation

busy_mom wrote: »

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

No It isnt. Its entirely permissable

Invalidation

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.

I wonder if you would like to point us towards the specific law that backs up your claim?
How would you class Street CCTV recordings that are commonly used as evidence in court proceedings??? do you give your permission for that to be used? No you dont.
You really shouldnt quote examples that cant be backed up in law.

Invalidation

seven-day-weekend wrote: »

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.

When out shooping driving or simply going about your business you are being recorded.
It isnt illegal nor an invasion of privacy.

A.Penny.Saved

I almost forgot about this thread and didn't realise that there had been so many informative posts.

I did record the medical and I will post my experiences in the hope that other people can learn from it and plan how to do it.

I used a Philips LFH0882 which I purchased for £50 + delivery from 123av. I don't have a mobile phone and I knew that this would come in useful for other things after the medical and therefore it seemed worth buying. It worked very well and the recording came out excellent with both my voice and the examiner. I had it set to the most sensitive recording level and I put it inside a handkerchief in my bag pocket with a number of pens in the pocket and the external microphone clipped between the pens in order to hide it. The top of the Mic does look like the end of a pen with a few grooves in it.

The medical centre only allowed 2 people inside, so anyone else has to wait outside. I started the recorder before I went into the medical centre so I got quite a lot extra recorded because I was kept waiting, deliberately IMO because of my case, for quite a long time.

I arrived by taxi and told them this because I have seen people advise to do this and it did help a lot.

Once inside the room, I saw the two chairs so I decided to use the 2nd chair for my bag with the microphone facing the examiner. I said I had a copy of my ESA50 and asked whether I could use it which was okay. Making some notes to refer to might be a good idea Remember that your under pressure so anything that jogs your mind should be helpful.

I would say, take your time before answering. Think about the direction the questions are going in, to work out what they are attempting to do. Don't allow them to try to dismiss anything! They are attempting to fail you so don't give them anything that they can use against you. By that I mean be careful how you word things, you can express the truth in different ways. If you say something which they try to dismiss, counter it and make sure that they understand how much it affects you and your capabilities.

I have asked for a copy of the medical report but they don't seem to want to send a copy even though I have a right to it. I might mention the recording when I phone to show that I am not going to accept any misreporting of my answers or missing off important information which was discussed in the medical.

0845 6088 545 for requesting a medical report and other things related to the benefit.

The best of luck to anyone who has to go through this. Prepare, prepare, prepare and use your notes. Every point counts because it could be the difference between a pass and fail!

A.Penny.Saved

epitome wrote: »

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?

The woman who first called me by phone to arrange an appointment. She must of been part of ATOS because it is them who do the medicals.

I really don't know if they record the calls, I very much doubt it because they don't seem to do such things unless asked and even then they don't seem all that reliable.

I have seen a number of posts on this forum about how people have been tricked by the people who arrange the medicals. Apparently changing appointments and not sending any letters in order to get people to miss the medical and later saying that the appointment was never changed. Triple check everything that they say and try and get it in writing.

Invalidation wrote: »

busy_mom wrote: »

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

No It isnt. Its entirely permissable

I think this evidence thing only applies in a court of law, I don't think it applies to medicals. It might not be acceptable if it was ever taken to court but I am certainly no expert on this.

wouldbeqaulitymoneysaver

There are only 6 machines in circulation so clearly there are insufficient machines to go round. I think I got this from Favourite untested site here.

lemontart

HB58 wrote: »

They are not allowed to say 'No', it is the claimant's right to have the assessment recorded. A shortage of equipment means that the assessment might need to be postponed - and be warned that they might try to count it as the one postponement that the claimant is allowed.

What rights has a claiment got if they say all machines broken can not delay have to process this medical after several cancellations on there part already, we offered to go to another centre where there is equipment and again told no.

I have asked for it writing,

Can anyone point me in the direction where in their or dwp rules they have to accommodate this request to have it recorded.

I also asked if I could bring recording equipment and told no.

lemontart

just found this

http://www.whatdotheyknow.com/request/wca_audio_recordings_2#comment-28778

makes interesting reading . basically the DWP state in a freedom of information answer that if ATOS cannot provide equipment it can be postponed until they can with out it being attributed to the claimant. So it would seem the lad on the phone was feeding me a line or was not aware of this - but he will be tomorrow