How to record an ESA medical

lemontart

and more - looks like they are using the machine is broken line a lot -

http://dwpexamination.org/forum/general-discussion/recording-not-available/page-4/

Cpt.Scarlet

lemontart wrote: »

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.

Claimants have no legal right to insist that the medical is recorded.

At this time the DWP have agreed to postpone medicals until suitable equipment is available to allow a recording to be made.

Bringing your own equipment is a seperate issue.

atrixblue.-MFR-.

what is law and what is legal are two different factions this is not a criminal case and criminal charges wouldnt be brough up against anyone for misrepresention of facts during a medical so hence no inadmisable evidence to worry about and in some cases private recordings have been taken to court and used as admissable evidence.

it isnt illegal to record a coversation/interview of yourself with any other paty without their consent unless you have signed any thing before hand that doesnt allow reording equipment on the premises (cinemas for e.g by buying a ticket you your effectively agreeing to their terms of service and use.) how ever, if you were to try and misreprasent the company, slander harrass or distress the company or its employee's you would leave yourself open to to criminal charges. how ever the "evidence" you have recorded can be used against the company in any complaint you wish to bring forth for misrepresentaion of youself or the facts relating to what was said in the interview/conversation.

just recently someone i know of a recorded a social services care worker in someones home regarding her and her children, the care worker then went onto "secret" court with her supervisor for a care order to take the children away from her.

in court the care worker highlighted many concerns, inc house condition, clothing, sleeping arrangements, school has grave concerns etc.

in the recording however, wich started from the moment she entered the house, hears the care worker comment on how the house looks in her words "this is cosey and clean" "the rooms are larger than some homes she goes to" and "well kept garden", the kids look fit and healthy and school has no issues.

the person was shocked to say the least when a police officer, 2 care workers knocked the door saying that they were taking the children into care, her solicitor had trouble finding out when the next court date was and where and when they eventually got it turned up with the evidence and the judge retracted the care order and a complaint went into SS.

grummps

Within the past week or so, hasn't the DWP told ATOS that the offer to record ESA assessments has been withdrawn due to low take up by claimants?

lemontart

grummps wrote: »

Within the past week or so, hasn't the DWP told ATOS that the offer to record ESA assessments has been withdrawn due to low take up by claimants?

took me two minutes to find this -
http://socialwelfareunion.org/archives/585
it shows a response from dwp basically saying that atos have to accommodate requests during 2012 and dwp will monitor. - so looks like another ruse by atos to get out of it .

BurnleyBob

I recorded my Atos examination using two wearable miniature camcorders that are marketed on eBay and elsewhere as spycams. Both went undetected and provided crystal clear sound and vision.

I haven't enough posts to make direct links. But if anyone's interested, one (which I clipped to a shirt pocket) is found on eBay by searching for md80 spycam. That cost £8 (free shipping) and took 11 days to arrive from either Hong Kong or China (I forget which).

The other one (search for spy button cam at the same site, cost similar, and was delivered from the same neck of the woods, it also provided the same excellent quality footage) was also worn on the same shirt. That one is even more covert because I would defy anyone to identify it is as a camera rather than a button when attached to a buttoned shirt properly.

Both those have no internal memory so footage must be recorded to a different source, that being a micro sd card. By attaching the supplied USB cable, connecting the spycam to a computer's USB port is simple to then view (and save should you wish to) the footage on to your computer.

My examination lasted 46 minutes. The size of the file it produced was 3.3GB. I'd advise anyone to purchase an 8GB card (they cost under £4) rather than skimp for the sake of pennies for a 4GB one. These cams will record continuously for approximately 90 minutes when fully charged. Then the same again and again when recharged again.

If anyone thinks these tiny camcorders must be rubbish then I can assure you they are not. Using the same search terms mentioned above, enter them into a youtube.com search for examples of recordings that users have taken and uploaded there.

Cpt.Scarlet

atrixblue.-MFR-.

You didn't read my post correctly, I never said it was illegal to record the medical.

What I said was that there is nothing in the legislation that allowed the claimant to require that the medical is recorded, it is entirely at the discretion of the DWP.

grummps

I have just noticed this on the ATOS website

July 6th, 2012
Audio-recording of the WCA

Atos Healthcare are happy for Work Capability Assessments to be recorded where requested.
The Department for Work and Pensions specify the type of equipment that can be used and the number we purchase. Due to minimal take-up during the pilot, we only have a limited number of recording devices available. The Department have agreed to us ordering more to meet growing demand and we are awaiting these.
We will make every effort to accommodate requests for this service and hope that we will be able to meet demand. However, under the terms of our contract with the Department, we cannot postpone an assessment on the basis of audio-recording.
We understand it is frustrating if you request a service that is not met. We apologise for this and are doing all we can to rectify this situation swiftly.

It is clear that if an assessment is arranged but that you wanted it to be recorded, and that there are no available machines the assessment must go ahead as normal.

Quite a good way for ATOS to avoid having to comply with any requests for it to be recorded or am I just being cynical??

Muttleythefrog

grummps wrote: »

However, under the terms of our contract with the
Department, we cannot postpone an assessment on the basis of
audio-recording.

It seems to at face value contradict (although not clearly) with the earlier (above) link's relaying of a FOI request to DWP which says in relation to question of who is postponement to be attributed to if done so to enable recording

"In answer to Q 2 if a claimant is unable to attend their WCA because Atos
Healthcare are unable to comply with the request the postponement will not be
attributed to the claimant."

Which raises the question of course... just how brilliant do they expect ESA claimants to be when many have cognitive and communication problems. I can't make head nor tail of the situation and I've run my own businesses and advised politicians... in fact I suspect the so-called low uptake initially of the option to get medicals officially audio-recorded is due to the (deliberate) absolute lack of publicity. I only found out because of this site.. I didn't find out as a result of being a claimant.

lemontart

Muttleythefrog wrote: »

It seems to at face value contradict (although not clearly) with the earlier (above) link's relaying of a FOI request to DWP which says in relation to question of who is postponement to be attributed to if done so to enable recording



Which raises the question of course... just how brilliant do they expect ESA claimants to be when many have cognitive and communication problems. I can't make head nor tail of the situation and I've run my own businesses and advised politicians... in fact I suspect the so-called low uptake initially of the option to get medicals officially audio-recorded is due to the (deliberate) absolute lack of publicity. I only found out because of this site.. I didn't find out as a result of being a claimant.

Yes it does contradict what dwp say so what to do ? as theres is dated 1 day later than dwp statement.