PIP and audio recording

Suebnm

I applied for PIP last year and had an assessment on the 17th of March this year. I heard from the DWP today that they had received the ATOS report on the 7th April.

I should add I have requested a copy of the report and hopefully can refute it descriptor by descriptor by the time I get 'the phone call'.

My question is if I get the phone from the DWP to say my claim is disallowed and has to go to mandatory reconsideration and appeal, should I tell them I covertly audio recorded the whole thing and have a very clear recording of exactly what was said on both sides? Or should I leave telling the DWP about the recording and let it go to tribunal where they can decide if it's admissible evidence.

I am aware I am ahead of myself but want to pre-empt the strike as it were.

Thanks

help4help2013

i dont think you can use a recoding if the other person does not know it was being rerecorded i know a few people who had problems with this and the recording was refused when they covertly recorded there ESA assessment i think you have to let them know that your recording it

http://www.atoshealthcare.com/pip/faq_view/recording_my_consultation


It is possible for you to audio record your consultation. There are certain requirements that DWP have set for the audio recording of consultations, which have been listed below:

• You can request to audio record your consultation by calling our Customer Service Centre, but you will need to provide your own equipment.

• Inform us beforehand that you wish to record your consultation, which can be done by calling our Customer Service Centre. Please let us know as soon as possible, as we may not be able to accept requests made on the day of your consultation.

• Your recording equipment must be able to produce two identical copies of the recording at the end of the consultation, either in audio cassette or CD format. You will need to give one copy of the recording to the Health Professional undertaking your consultation, at the end of the consultation. Devices like PCs, laptops, tablets, smartphones or MP3 players are not acceptable recording devices.

• You will need to sign an agreement that sets out what you are and are not allowed to do with the recording.

We will keep our copy of the recording securely for a maximum of 14 months. After that time, we will destroy it. We don’t normally pass the recordings onto DWP and they do not use it when deciding on your entitlement and award of PIP.


It is also useful to note that if you try to record the consultation without contacting us before hand and agreeing with the requirements set out above then your consultation may be stopped and we may have to pass your case back to DWP.

Suebnm

Thanks for your reply.

I HAVE already recorded my assessment for PIP and will leave it up to a tribunal if any to decide if it's admissible in court as I don't think ATOS or DWP has the power to decide what is admissible at tribunal and what is not. I have written a full and accurate transcription and can provide any party with a CD.

I was only wondering should I get denied PIP should I mention the recording at the mandatory reconsideration stage or leave it til tribunal. But as I said before I am jumping the gun a little. Thanks anyway.

HB58

Yes, you are jumping the gun - but it doesn't hurt to be prepared!

As you have said, it is up to the Appeal Tribunal to decide whether to accept a transcript, or the recording itself, as evidence. I have only heard of one case where the TS have agreed to use a recording but I would argue that the precedent has been set.

I think it is up to you to decide whether to use the recording as evidence for a mandatory reconsideration, I suspect that DWP would refuse to accept it.

I wish you luck and hope that none of this will be neccessary.

dibdabable

I would say that you have the right to tell them you have a recording at any stage that you need to. Just because you havea recording doesn't mean you're expecting anyone to listen to it, you can say you have done it simply so you can remember the facts about the day more easily, you aren't actually stating your intention to use it in any way other than for yourself. I don't believe this contravenes the Data Protection Act as long as it is for this purpose.

http://www.legislation.gov.uk/ukpga/1998/29/section/36

You are allowed to record the proceedings as long as it's for your own use and as you can state you did it is for that purpose, there's nothing they can do about that.You can even inform the DWP and the Tribunal that you have such evidence and will be using it if and when you are going to Appeal. For Appeal, you should make 3 copies on CD/DVD's ( for DWP/Tribunal/Yourself) which will play on all devices. You should also send copies of it transcribed to all above as some places may be less audible, if someone moves a chair for example or coughs etc. If you can't hear something you should write in what you remember being said. If you don't remember then state that too.

It will be at the discretion of the Appeal Board to decide if they allow this evidence. If you simply turn up to a Tribunal and present it then, I don't think they'd be very happy and would probably not allow it. As soon as you know you haven't had a yes I would advise DWP then, they may use that to reconsider before Appeal..

Suebnm

Thank you HB58 and dibdabable alot of food for thought and what I needed to know.