Atos's underhand tactics..again!!

schrodie

Despite having the right to have your WCA recorded Atos are finding ways to stop you. Now there's a surprise!!

Here

Cpt.Scarlet

There is no legal right to have your WCA recorded, the DWP are operating a reasonable endeavour policy, but the bottom line is on that on the day they may not be able to do it.

They have publicly stated that there being no recording facility is not Good Cause for refusing to attend a WCA.

speedfreek1000

I still do not understand why this is an issue?

You ask stand firm you receive no matter what the telephone monkeys on the ATOS phone line tell you!

I managed 10 re-arrangements of my WCA via the ATOS telephone line in 2010 by simply standing firm and stating you have not dealt with my request for a home medical!

Your file is lost hasn't been seen etc etc etc is not my fault therefore not my problem!

I even had an appointment canceled and re-arranged for for the exact same day exact same time. Oh it's automatic they said decided by computer they said.... I told them to do one!

I accepted a taxi in the end paid for as I had read the ATOS handbook and to put it frankly was bored!

There's a lot of myths like the 2 appointment rule which are complete and utter balderdash tish n pifle as they are not in the ESA regs!

Not my fault not my problem that's yours! I'm not canceling because my dog ate my homework, it's because you're a bunch of incompetent muppets! Try it I double dare you! They will always back down.

I now have a truecall machine to record all telephone calls for my added protection. Fool me once... I now have a recording of you trying to fool me twice :rotfl:

rogerblack

speedfreek1000 wrote: »

I still do not understand why this is an issue?

You ask stand firm you receive no matter what the telephone monkeys on the ATOS phone line tell you!

Because, as mentioned above, you have no right in law whatsoever to a recorded interview.
Various statements made by ministers, ATOS and the DWP do not amount to an actual right to have it recorded, or for it to be postponed if it is not able to be recorded when you turn up.

If you refuse to turn up without a guarantee of it being recorded, or if you refuse to participate at the time, if it turns out that it will not be, you will likely not receive benefit until you either get to the tribunal, or complete a medical.

If they refuse to grant a home medical - you have no automatic right to this.

schrodie

Hoban has also publicy stated:-

' ...... we do offer audio recording; it is there at the claimant's request.'

' ...... if there is a request for recording we can accommodate that request.'

' ...... if someone makes a request for audio recording, we ensure the equipment is in the centre at the time that meets the needs both of the assessment process and the claimant.'

' ...... I think what we have (recording machines) is sufficient to meet the demand that is there.'

And Grayling publicy stated:-

"In the meantime, while Atos will do all that they can to accommodate requests for audio recording there may be times when the service cannot be offered, for example where it has not be possible to get access to recording equipment on the date/time of the WCA. In these circumstances clients will be told in advance that their request cannot be accommodated and offered a later date."

FTW

Cpt.Scarlet wrote: »

There is no legal right to have your WCA recorded, the DWP are operating a reasonable endeavour policy, but the bottom line is on that on the day they may not be able to do it.

They have publicly stated that there being no recording facility is not Good Cause for refusing to attend a WCA.

All the more reason for recording it covertly. Best to watch your own back, because Atoss are certainly not going to do it for you.

speedfreek1000

rogerblack wrote: »

Because, as mentioned above, you have no right in law whatsoever to a recorded interview.
Various statements made by ministers, ATOS and the DWP do not amount to an actual right to have it recorded, or for it to be postponed if it is not able to be recorded when you turn up.

If you refuse to turn up without a guarantee of it being recorded, or if you refuse to participate at the time, if it turns out that it will not be, you will likely not receive benefit until you either get to the tribunal, or complete a medical.

If they refuse to grant a home medical - you have no automatic right to this.

There has been a president set and a dictate from DWP ministers.

Whilst not set in law neither is the prognosis date for ESA set by a tribunal!

My point more than anything is.....

If it is your fault then... you need evidence to back this up or you will be sanctioned.

If it is not your fault but the company arranging i.e. ATOS and their failures then you are in a very strong position.

In 2010 I was told by all on forums that you could only have 2 re-arrangements. Even when I pointed out and showed with my ATOS letters that I'd had 10. Still it's only 2......

As I said dog ate my homework i.e. my fault then 2 before the DWP gets a bit !!!!y about it fine. If it is not my fault but theres then... argue the toss as 9 times out of 10 you will win.

THis whole house or cards is set up on the grounds of if we say it enough... then becomes fact! That doesn't make it right nor does it make it legal

Plenty of evidence of folks who have stood up,said hang on a minute and argued effectively their case where a recording has eventually taken place.

Plenty of evidence too of threats of sanctions and the 2 re-arrangement rule have been quoted to them as well.

Hey I fail the WCA as I turn up and do not rock or sweet profusely luckily these people (we now no longer have the benefit of) created this thread showing 4 out of the 5 DMs that have refused me ESA are gob!!!!!s unable to follow their own rules by blagging it!

http://www.rightsnet.org.uk/forums/viewthread/4170/

So give it a shot

schrodie

FTW wrote: »

All the more reason for recording it covertly. Best to watch your own back, because Atoss are certainly not going to do it for you.

I'm sure that Atos has never been too keen on having their WCAs recorded (I wonder why!!!) so you can understand how they'll expolit the fact that it isn't a legal right to have your WCA recorded. The MSE sponsored Atos Rep over on another thread has said that up to 5 of these expensive recording machines are "broken" at any one time is scandalous as no doubt it's the taxpayer that'll be footing the repair bill in addition to the massive number of sub-standard WCAs which ends up costing the taxpayer about £50million a year!

rogerblack

speedfreek1000 wrote: »

There has been a president set and a dictate from DWP ministers.

There has been an extremely limited precedent set.
The precedent basically says that the decision maker has to consider if not proceeding with the interview due to the lack of recording was 'good cause'.
They can't simply automatically consider you do not have good cause.

However.
If they consider that you do not have good cause, they are free to do this.

This will result in you not being paid until and if you win an appeal.

'Giving it a shot' - and risking what may be a year without benefit payments is not a position many people are able to take.

dori2o

Covertly recording the interview is so easy, especially if you have an android/apple mobile phone. The best thing with those also is you can start it recording before you go into the assessment room so that you get the whole conversation.

Most phones allow you to turn off the screen/lock the phone whilst keeping the recording app running, capturing every single word/phrase.

My friend took her BIL to the assessment when she had hers done.

He video recorded the whole thing on his phone, and was able to play a game at the same time as recording so when the Dr threatened to stop the assessment because he said the BIL was recording the assessment, the BIL was able to show it was nothing more than a game he was playing.

The report the Dr submitted was again a complete work of fiction. The tribunal accepted the video footage which had been recorded and my friend went from being refused ESA completely and being forced to sign on to JSA, (which had a part to play in the breakdown she had 3 months after the DM made their decision) to support group.

She also made a complaint against the Dr to ATOS, the DWP and the GMC. I know for a fact this Dr is no longer employed by ATOS and is under investigation by the GMC.

Always, always, always covertly record (audio or video) your assessments, even if ATOS have a recording machine, take your own recording to back up what they provide to you.

nannytone_2

to be honest, i dont see why anyone should have to request a recorded interview.
they record all your phone calls automaticaaly, so why not the WCA?

surely it will protect them as much as the claimant? or it should ....