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Announcement: ESA claimants now have the option of having their WCA recorded

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Those having a work capability assessment were always able to have an audio recording done - provided that it was arranged and performed in a specific manner and that the claimant met the cost. This was an issue for claimants who simply could not afford the cost of the recordings in the manner accepted, so although it was available, it wasn't really possible for many.

 

Chris Grayling has now announced that all people attending a WCA can have their assessments audio recorded if they so wish:

On audio recording, we will offer everyone who wants it the opportunity to have their session recorded. We decided not to implement universal recording because, based on the trial experience, people did not want it. Few people wanted their sessions recorded, and some said that they definitely did not. We decided therefore to offer recording as an option to those who want it. That seems entirely sensible.

 

>>>>source


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Great news, isn't it, Erika?

 

Nolegion on the CAG NHS forum has been researching recording for various aspects of medical advice for some time and has also mentioned this recently.

 

My best to both, HB


Illegitimi non carborundum

 

 

 

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Yes - I just noticed nolegion's post just now. He has done very well in his research, I was following his thread in its earlier days. I've also asked our newsletter authors to include this in the next edition to ensure that the word is spread to as many as possible.


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

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Briliant idea, the thing is to get the vast majority of claiments (or is it customers) to get it done and to let them know they need it for their own protection, and it's not big brother trying to catch them out (like ATOS do). It should save the taxpayer £1000000s on tribunals if it makes ATOS tell the truth.

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I agree, Count Orlok. It will be interesting to see the interaction between the Atos printout and the recording.

 

I would have had my assessent recorded whether I trusted them or not, because I was so nervous I could hardly remember it afterwards.

 

HB


Illegitimi non carborundum

 

 

 

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I have just read the whole debate, and it was very interesting indeed. I think it's about time that claimants had the choice of having their assessments recorded. I didn't read anything about if they would get a copy of the recording at the end of the assessment, or if they had to request it at a later date depending on if they where granted ESA or not, and wanted to appeal.

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Good news, now lets campaign for it to be applied retrospectively as part of an appeal, anyone failing the assessment who believes they should have passed and has concerns over the way the test was conducted, can apply to re-take the assessment and have it recorded, why not go the whole hog and make video/audio recording an option?


 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Great news.

 

This should shake up the figures a bit hopefully!

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It would be better if it was video'd and the client got a copy. That way if the client has problems sitting, bending, getting up and and off the couch etc, at the assessment and the assessor had put down that the client had no problems, it would clearly show the assessor was not telling the truth.

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Is this starting straight away? and have to arrange it before the date?

 

It's not yet known whether it will need to be arranged before the WCA date but I would think so, as presumably they will need to have the recordings performed in a particular way so will need it to be set up. DWP will need to update their literature that they send to claimants because currently the literature tells the claimants that they need to meet the cost. Until the literature is updated and guidance publically available, I would suggest that anyone who wishes to have their assessment audio recorded either makes this known when sending their ESA50 or otherwise writes to ATOS (get proof of posting) to request it beforehand.

 

If I hear more, I'll let everyone know.

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My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

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It should be made compulsory to vidio the assesment. I had mine in december and was not told i had the option to have it recoreded. The assesor failed to put it down that i passed out and had to be helped into and out of the chair. She said i was 100% fit desbite the job centre doing a 6 week assesment on me a month earlier which said i was unfit for work. My money got stopped. Im now having to survive on my DLA money which is only £78 a month as the job centre wont pay me either due to their assesment saying i cant work. Its the 2nd time they have done this to me. Last time they passed me fit for work just cause i was able to get to the assesment. But if i failed to turn up they would of stopped my money as well. So its a no win situation. My appeal failed last time cause they refused to let my doctor attend to give them my medical info which would prove i was unable to work. Even the job centres report was refused as proof i was unable to work. They put the wrong address on the letter to say i failed the test this time so i didnt get the letter with the appeal form in until after the deadline to get the appeal in. The 1st i knew about them stopping my money was when housing benefit rang me to ask what money im getting now my benefit has stopped. I then rang the ESA ppl to find out what was going on. But they were of no help at all. Ive told them loads of times they have the address wrong but they refuse to change it cause they say they have it right cause the post office confirmed it. If thats true why is the post office been in contact with me to tell them to get the address right lol. They have the wrong speeling for my rd and the wrong post code. So it takes weeks for letters from the ESA to reach me. I think their doing it on purpose to make sure i cant get appeals in on time. The form i sent into the ESA before the assement was filled iin by my GP. She put down i have blackouts and passout a lot and i have a lot of trouble walking standing up and sitting. But the ESA report said i had no troubl with any of the things the GP put down. So its not just ATOS not reporting things its the ESA finding any excuse to get ppl of benefits. I dont think the ESA r even reading the ATOS reports. They have decided already who will get benfits and who wont. Ive had nothing but trouble with the DWP for about 20 years. They r always stopping my money and making excuses why it was stopped. I even got kicked out of my council flat due to my benefits being stopped and ended up living on the streets. Thats hard at the best of times. But when u have a knackerd spine and agrophobia its a hell of a lot worse. I was lucky as my GP stepped in and got me into a homeless hostel on medical grounds within a few days. My GP has contacted a lawyer on my behalf to take the DWP to court to get my money back plus back pay and compo. Ive now been told that my work aessment is going to be reviewed again lol. But that letter took 3 weeks to arrive as they still have the wrong address despite my lawyer, GP, council and job centre telling them they have it wrong. But they did say if they cant reverse the decision they will allow me to appeal where before they said i couldnt cause i didnt get the form in by the deadline. The whole system is geared to get ppl off sick benefit to meet the cutbacks. They dont give a stuff if ppl's lives get ruined.

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Hello there.

 

There's a recent thread about this. I think I'm right in saying that the DWP have agreed to recording, but are still deciding how it will work. I'll have a look for the thread.

 

I haven't read all of your post because it's a solid block of text and does my eyes in, I'm afraid.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Sorry about not having paragraphs. But i dont know how to do them. Ive had loads of ppl trying to teach me. But i just cant understand it.

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Let's hope these recording of WCA dont end up on a memory stick and left on a Train.

 

Or in the hands of The Sun or Daily Mail :-x

 

Oh dear, I hadn't thought of that. HB


Illegitimi non carborundum

 

 

 

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I feel sorry for you Rocker60, I know what it is like to get the DWP to change addresses, I have been receiving DWP, Child Benefit, and HMRC letters addressed to someone else, that has never in the past, now of ever will live at my address. I have telephoned their offices every time I get a letter, (well I have to open them to get the phone number to try and tell them) we have had everything, including Debt Collection companies writing. Parcels, packets, letters, you name it we have had it. Dispite letters, phone calls personal visits to Jobcentre Plus office, we are still getting them. I wrote a letter of complaint to the manager of our local office and he replied that it had now been changed. 5 days later I got yet more letters addressed to her, so now big bold writing on the envelopes, "return to sender"

I have even had letters from DWP with Uncrossed Giro Cheques in...... I was told unofficially

 

by a worker there that they only update their address and postcode databases once a year..... how much money is being wasted with all this. My last letter sent to them told them that now for every letter I get i will send them a bill for £10 to cover my time and expenses.... doubt they would pay anyway... could take them to S C court......

 

I would love to see video recordings of the ATOS interviews, a disabled friend of mine who is in a wheelchair was sent an appt and when he got there he could not get through the door into the building, so ATOS told DWP he "Failed to attend" so they stopped his benefits, when he complained in his local Job Centre Plus office they were sympathetic and put them into place as he can't even turn his own wheelchair wheels as his hands are deformed and he had his carer with him pushing him when he went to the ATOS and the JC+ offices.

 

They then sent him another ATOS medical and they put on his report that he could read and write??? and was able to walk ok, (he has had polio since birth and has never walked in his life...... ) another complaint and appeal started, but in the meantime they have stopped ALL his benefits again, and the council are now threatening to evict him........

 


Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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Sorry about not having paragraphs. But i dont know how to do them. Ive had loads of ppl trying to teach me. But i just cant understand it.

 

When you reply, you need to press the enter key (this is the big button above the shift key and next to the ] and # keys. Press once for a new line and press again for a new paragraph.

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When you reply, you need to press the enter key (this is the big button above the shift key and next to the ] and # keys. Press once for a new line and press again for a new paragraph.

 

 

Thats why i love this forum...thank you very much for explain...

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I have a friend who has scored the big fat 0 in her ATOS assessment even though her condition affects her mobility, general well-being and mental health.

She is going to appeal alongside support but I am wondering if she can demand a re-test that is recorded as she says that 99% of the report is made up or issues that are extremely irrelevant missed out, she did have a witness to her assessment

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Dilizjo the simple question is why the hell would they want to do that?

 

The weakness of the report is one of the things that you argue about and very often it's the substandard nature of these reports that helps you win the appeal.

 

Demanding a retest will do what exactly?

 

Well you'll probably now have two shoddy reports to fight against (if they both come out the same you're in a far worse position). Plus the DWP will most likely (even if you win at tribunal)l try and pull the claim back to the date of the 2nd Assessment (if it's a failure) and disallow ESA from that date thus you're back at square 1.

 

The assessments a crock of **** I'm Nil Points from 2 so far! But it's shoddiness in a way is most helpful!

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I have a friend who has scored the big fat 0 in her ATOS assessment even though her condition affects her mobility, general well-being and mental health.

She is going to appeal alongside support but I am wondering if she can demand a re-test that is recorded as she says that 99% of the report is made up or issues that are extremely irrelevant missed out, she did have a witness to her assessment

 

Hi,

 

Sorry to read that your friend 'scored nil points'. It's par for the course with 99% of claimants.

 

Your friend can't really 'demand' anything.

 

She can however, put an appeal in.

 

Download form here -

 

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

 

Appeal process thread here -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(1-Viewing)-nbsp

 

Good Luck.

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