ESA50 filled in. ATOS assessment - what do they ask?

dazza-mac

HI again,

Someone said to search online etc to find out the kinds of questions that will be asked. I have to say that when I've [EMAIL="I@tried"]tried[/EMAIL] this I just get bogged down.

Does anyone know of any particular site that may help me with some clue as to what may be asked to save me constantly trawling through stuff. My coccyx pain is a killer and I start to glaze over after about 10 minutes so nothing sinks in!

schrodie

I would strongly suggest anyone wanting their assessmetn recorded to send Atos the letter that vvvvvvvvvvvvvvv kindly posted on page 1 of this thread. it is always wise to be well armed and forewarned when dealing with Atos as they don't always play fair.

rogerblack

schrodie wrote: »

I would strongly suggest anyone wanting their assessmetn recorded to send Atos the letter that vvvvvvvvvvvvvvv kindly posted on page 1 of this thread. it is always wise to be well armed and forewarned when dealing with Atos as they don't always play fair.

While the letter is possibly useful, you at the moment have no right at all in law to have the interview recorded.
Statements by ministers do not change the law, and if the DWP or ATOS does not allow you to record the interview, they are not breaking the law.

The tribunals decision quoted did not say that ATOS must allow recording.
It said that a tribunal should have regard to if it's reasonable to consider if the HCP was right to abandon the interview.

This is quite different.

I would strongly suggest you record the interview covertly.
I recorded my last couple of interviews simply by placing my phone set on record in a sealed coat pocket before entering the building.
Worked well.
(try this first)

Ellejmorgan

schrodie wrote: »

With respect how do you know that people are going to assessments and then being told there isn't the recording facilities after being assured there would be? Also how do you know that Atos are not carrying out pre-board checks as all the details of the Atos assessment including the PBC are sent to the DM for their final decision.

Any absence of documents would be detrimental to the DWP's case if the claimant were to appeal their decision. I've no doubt that there is the occasional lapse in procedure by Atos but whether it's endemic is moot.

It happened to me at 5pm the day before and i'm a member of a benefit website, this has been mentioned on the forums..

I was told by ATOS if I didn't go my claim would be cancelled..

The doctor at my assessment told me they don't ask the doctor as they would be then getting the doctors opinion, he stated he wanted to assess me himself..

I also tried to get help with transport, they had 2 letters from my gp as the 1st fax wasn't received..;)...They still said gp hadn't provided enough detail, they had I saw a copy...

Ellejmorgan

rogerblack wrote: »

While the letter is possibly useful, you at the moment have no right at all in law to have the interview recorded.
Statements by ministers do not change the law, and if the DWP or ATOS does not allow you to record the interview, they are not breaking the law.

The tribunals decision quoted did not say that ATOS must allow recording.
It said that a tribunal should have regard to if it's reasonable to consider if the HCP was right to abandon the interview.

This is quite different.

I would strongly suggest you record the interview covertly.
I recorded my last couple of interviews simply by placing my phone set on record in a sealed coat pocket before entering the building.
Worked well.
(try this first)

As ever good advice Roger..

Ellejmorgan

dazza-mac wrote: »

HI again,

Someone said to search online etc to find out the kinds of questions that will be asked. I have to say that when I've tried this I just get bogged down.

Does anyone know of any particular site that may help me with some clue as to what may be asked to save me constantly trawling through stuff. My coccyx pain is a killer and I start to glaze over after about 10 minutes so nothing sinks in!

Yes there is a brilliant site, google benefits and you will find it..

schrodie

rogerblack wrote: »

While the letter is possibly useful, you at the moment have no right at all in law to have the interview recorded.

However the very fact that Grayling has stated that a claimant can request their assessment to be recorded and this has been documented in the official Parliamentary record as such would I suggest persuade Atos to comply with your request.

The only problem with covert recording is that you cannot use it as evidence at any future tribunal and should the HCP discover that you are covertly recording they could stop the assessment. Far better to get a friend to go along with you and take detailed notes and act as a witness. Even better if you know a shorthand writer!!!

I [personally] would suggest trying the very well worded letter in the first instance as that is far more likely to "persuade" Atos to comply with Graylings's public announcement. The last thing Atos need is any more bad press and MPs standing up in the H of C or writing to Grayling asking him why Atos aren't doing what he (Grayling) has publicly stated can happen.

schrodie

Ellejmorgan wrote: »

The doctor at my assessment told me they don't ask the doctor as they would be then getting the doctors opinion, he stated he wanted to assess me himself..

Your case may not have needed further clinical evidence to be sort from your GP or consultant via the issuing of an ESA113, this doesn't mean to say that it doesn't happen! The procedure is laid down in Medical Service's (aka Atos) Handbook which can be downloaded from any good DWP website!

Incidentally the doctors opinion is not sought only clinical details not available or apparent from ones ESA50 or Med 3 is sought. You can see an ESA113 Here

Ellejmorgan

schrodie wrote: »

However the very fact that Grayling has stated that a claimant can request their assessment to be recorded and this has been documented in the official Parliamentary record as such would I suggest persuade Atos to comply with your request.

The only problem with covert recording is that you cannot use it as evidence at any future tribunal and should the HCP discover that you are covertly recording they could stop the assessment. Far better to get a friend to go along with you and take detailed notes and act as a witness. Even better if you know a shorthand writer!!!

I [personally] would suggest trying the very well worded letter in the first instance as that is far more likely to "persuade" Atos to comply with Graylings's public announcement. The last thing Atos need is any more bad press and MPs standing up in the H of C or writing to Grayling asking him why Atos aren't doing what he (Grayling) has publicly stated can happen.

And in the meantime his benefits are stopped...

rogerblack

schrodie wrote: »

The only problem with covert recording is that you cannot use it as evidence at any future tribunal and should the HCP discover that you are covertly recording they could stop the assessment. Far better to get a friend to go along with you and take detailed notes and act as a witness. Even better if you know a shorthand writer!!!

The tribunal is quite at liberty to accept pretty much any evidence it chooses, including that which would normally not be acceptable by courts.
Not at least considering a recording would probably amount to an error of law, as it's a violation of tribunal rules.
The HCP cannot search your possessions.
If the recorder is not obvious, there is no way it can be found.