How to record an ESA medical

Muttleythefrog

lemontart wrote: »

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

Not sure but I'd keep the DWP FOI statement at hand if ever embroiled in the issue with ATOS HC and invoke MP if necessary. My general advice has always been make a secret audio recording regardless... that way you don't have to rely on one of these mysterious 11 machines being available to you like a winning lottery ticket and you don't have to sign away 'rights' or rely on them doing things correctly. It's quite clear that with ESA the DWP and ATOS HC cannot be relied upon for accuracy and the latter for integrity.

lemontart

Muttleythefrog wrote: »

Not sure but I'd keep the DWP FOI statement at hand if ever embroiled in the issue with ATOS HC and invoke MP if necessary. My general advice has always been make a secret audio recording regardless... that way you don't have to rely on one of these mysterious 11 machines being available to you like a winning lottery ticket and you don't have to sign away 'rights' or rely on them doing things correctly. It's quite clear that with ESA the DWP and ATOS HC cannot be relied upon for accuracy and the latter for integrity.

Gonna quote said foi etc at them when I call later today, but will also following advice on this forum too as like many others my dealings with them simply means i do not trust atos or anything they say as they have repeatedly demonstrated they lack of talent of accuracy and integrity as you so politely put it.

rogerblack

Statements by the DWP or ministers, do not change the law.

As the law is at the moment, there is no right under statute, and at best arguable caselaw that requires the DWP to require ATOS to allow recording of WCAs.

(Please correct me if I'm in error).

There is no caselaw I'm aware of that says if ATOS refuses to record an interview, that you can be treated as anything else than having voluntarily not attended.

Similarly - if you turn up, and they do not record for whatever reason, you have no right in law to be treated other than having not attended if you leave.

May they make extra concessions - certainly.
But relying on these is questionable.
I would recommend a personal recording device - whatever - a phone or ... - also running when you go in.
If they do record - no problem.
If they don't - no problem again.

lemontart

well got the letter saying lack of machines etc and that it must proceed despite no recording but not a word about the machines been broken which is the reason they gave on the phone and what I asked for in writing, - why am I suprised that they were unable to process exactly what I requested

Muttleythefrog

lemontart wrote: »

well got the letter saying lack of machines etc and that it must proceed despite no recording but not a word about the machines been broken which is the reason they gave on the phone and what I asked for in writing, - why am I suprised that they were unable to process exactly what I requested

Yeah.. not surprised. What concerns me is that ATOS HC may deliberately misrepresent the level of requests for such recordings in order to get the machines diminished and dropped next year. I would bet my life that ATOS HC do not like their existence one iota in medical assessment centres regardless of the fact they call the claimant a customer.

lemontart

Muttleythefrog wrote: »

Yeah.. not surprised. What concerns me is that ATOS HC may deliberately misrepresent the level of requests for such recordings in order to get the machines diminished and dropped next year. I would bet my life that ATOS HC do not like their existence one iota in medical assessment centres regardless of the fact they call the claimant a customer.

Will be writing in detail with to MP, DWP etc detailing everything they claimed and failed to do this week - also I believe Mind are taking action so will check on that and forward copies if they would like them,

schrodie

lemontart wrote: »

Will be writing in detail with to MP, DWP etc detailing everything they claimed and failed to do this week - also I believe Mind are taking action so will check on that and forward copies if they would like them,

It may also be worth letting Harrington know the shenanigans surrounding Atos and the recording of ESA assessments. Harrington recommended recording and this was accepted by the tories now they seem to want to wriggle out of it!!

There is a call for evidence see Here

sniggings

I would strongly recommend to record the meeting, atos were my last works health care providers, I was sent to one of their doctors who one an other occasion said she did not want to go against my own doctor as she was not experienced enough on my illness, my boss sent me back to her after he had a word with her, she had been told to changeher mind and said my boss wasn't happy so she was changing she report, I said I was amazed she would change the report because my boss said too,and I asked to make a phone call because of her changing the report because she was told to, she then stopped the interview as she said she felt I was going to attack her and that I was standing over her and shouting and she was about to press the panic button, this lead to me leaving work as my boss brought a case against me, luckly I recorded the whole interview but this didn't help much keeping my job as I was that stressed over this I left.

I played the tape to the union and he was amazed that the doctor could have claimed what she did but again this didn't help as he said a recording could not be used and I could have been sacked just for making the recording! I guess the only use is if she had claimed I hit her or worse as the tape clearly shows I was very reasonable.

I used a mp3 memo recorder (£60) not the best quality but good enough, a phone would just be as good, just make sure not to move about too much with your cloths as the mic does pick up this and it can sound real bad.

Good old atos I see are still at their old tricks, very sad people are willing to do this type of thing just for a wage.

KxMx

I had my call to book the medical, and he knew all the dates I couldn't do which I listed on ESA50. Booked me in. Then I asked to make sure it would be recorded as per my request (letter stapled to front of ESA50 and written in the form) and he said he hadn't been informed of this.

He was fine about it, cancelled the appointment just made and sent off a request to another dept who deals with it and said they will be in touch. He couldn't have been nicer, even asked me if there were any more dates I couldn't do and let me add one on as i've various medical appointments next month and I didn't factor in recovery time for one I have to trek to London for.

We shall see how it turns out!

wouldbeqaulitymoneysaver

The DWP doesn't want people recording medicals and seeks to hijack this process like the Appeals Process, like the WCA form which has had a further revision in June 12.
Source: Benefits and Work Members Area.