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

schrodie

Ellejmorgan wrote: »

And in the meantime his benefits are stopped...

Exactly his/her benefits may be suspended if the HCP discovers that you are covertly recording your assessment. Ergo best to show Atos from the outset that you know what your're talking about w.r.t. the right to have your assessment recorded. Atos in a way hope that you are not fully cognisant of the rules and what Ministers of State at the DWP have publically stated you are allowed to do!

schrodie

rogerblack wrote: »

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.

Speaking of errors in law the following is an interesting read!

Here

Ellejmorgan

schrodie wrote: »

Exactly his/her benefits may be suspended if the HCP discovers that you are covertly recording your assessment. Ergo best to show Atos from the outset that you know what your're talking about w.r.t. the right to have your assessment recorded. Atos in a way hope that you are not fully cognisant of the rules and what Ministers of State at the DWP have publically stated you are allowed to do!

As Roger mentioned how would they discover the recording ???

It isn't law about ATOS recording the assessment, it cannot be enforced,and what's written cannot be enforced...

Harrington made recommendations and it's been asked to comment on, B&W site have commented that it's impossible for clients to respond due to the format and given advice as to overcome this..

The Ministers of state also said that anyone who had a genuine claim would not have their benefit disallowed or words to that effect..
They also promised a petrol stabiliser among other broken promises...


This is getting off subject, the point is op won't be able to get ATOS to record the assessment, and he will be forced to attend no matter who he talks to or writes letters to..

schrodie

Far better to inform Atos via the letter shown above of your intentions rather than rely a "covert" recording that you may not even be able to use in an appeal!

I would suggest that the OP persue the matter in the strongest possible terms rather than dispaly a defeatist attitdude that some are exhibiting.

QED.

Ellejmorgan

schrodie wrote: »

Far better to inform Atos via the letter shown above of your intentions rather than rely a "covert" recording that you may not even be able to use in an appeal!

I would suggest that the OP persue the matter in the strongest possible terms rather than dispaly a defeatist attitdude that some are exhibiting.

QED.

We'll just have to differ on this I think..:)

grummps

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.

As I have mentioned a couple of times, the system may work for some but not for others.

In my one and only assessment for ESA (next one is due later this year) I received the phone call to arrange the face to face assessment. I had the face to face assessment all before the ESA50 was returned!
How? The ESA50 didn't arrive until a couple of days after the phone call to arrange the date and the letter it came with told me to return it two days after the assessment had taken place.

So this so called 'pre board' check wasn't carried out in my case - it couldn't have unless they just looked at the single entry that my GP had put on the sick note.

The funny part of all this is that when I received a copy of the ESA85 together with copies of the evidence they had used, the ESA85 clearly stated that they had used the ESA50 in their decision making. The date stamp on the ESA50 as being received by that department was for 3 days after the date the decision was made!!!

Work that one out!!

The DWP cannot be trusted to carry out what is required of them according to the regulations. How do I know? I have other matters that clearly show this to be the case which are with my MP.

Will it happen again? of course it will. Having gone from 0 points and told to find a job to being put in the Support Group for 3 years only because I submitted evidence, I fully expect to once again be given 0 points and told to claim JSA once more.

Richie-from-the-Boro

rogerblack wrote: »

I would strongly suggest you record the interview covertly.

I support this 100% .. .. you have everything to gain and nothing whatsoever to loose by having a full verbatim record > just don't get caught <

(1) Ask for a recorded .. .. but (2) plan for them circumnavigating your request. In other words hope for the best - but make sure you plan for the worst by taking a 'friend' and having a covert recording made and always assume (3) they are watching or videoing from the moment your vehicle pulls into the car park .. .. and every single second afterwards including leaving the interview and perambulating back to the vehicle when you think you are no longer being watched.

Paranoia you say ? - no .. .. paranoia is when you only think someone is watching you.

JS477

Richie-from-the-Boro wrote: »

I support this 100% .. .. you have everything to gain and nothing whatsoever to loose by having a full verbatim record > just don't get caught <

As you say 'just don't get caught'!! Not everyone is a budding James Bond thus the consequences of getting caught may well be detrimental to your claim.

However what you cannot do is use the covert recording in any subsequent appeal unlike a "proper" recording which I would suggest may galvanise the HCP into behaving in a more professional manner with respect to what is discussed and what is reported. I have to concur with schrodie that if you demonstrate to Atos that you are not going to be messed around with and know the "rules" and what the likes of Grayling has said in official documents then the letter posted above is a very good way of getting your assessment recorded.

rogerblack

JS477 wrote: »

However what you cannot do is use the covert recording in any subsequent appeal unlike a "proper" recording which I would suggest may galvanise the HCP into behaving in a more professional manner

This is not correct.
The tribunal is required to take notice of all relevant evidence.
A recording of any form, or a transcript is evidence.
Highlighted transcripts you prepare are probably more useful than a recording alone.

schrodie

Point 60 in the above judgement may differ on that opinion.

Also don't forget that the tribunal is only there to ascertain whether you satisfy the criteria for ESA if there is any dispute between you and the DWP and not the behaviour/conduct of an Atos HCP during the assessment.