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    • Thank you BankFodder. I will do as you suggest to get everything in writing first and will construct the letter of claim over the weekend. Is it best to use the format for the letter of claim as the one on this website? Lastly, did I read the judgement correctly for the Farooq judgement as its not quite clear to me which act I am covered best by?
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    • Thank you. I'm looking into it at the moment.  Straight away it says last sold in 2007. Thank you every one for all your help. It's much appreciated. 
    • Just on bankfodder's final point above. The Title Register you get online for £3 can't legally be used as proof of ownership for the property. Right now they'll suffice to see if there's an asset there. Should you need to use it in court to say he's trading at that address, you'll need to fill out an OC1 form with HM Land Registry to get an official copy in the post, which costs £7.00. Make sure that you get the Title Register, not the Title Plan! Title Register will tell you who owns the property etc while the Title Plan will tell you the property boundaries etc which isn't relevant in this case.  
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Announcement: ESA claimants now have the option of having their WCA recorded


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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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In my opinion all ATOS HCPs should not have the option to refuse to conduct an assessment that is to be recorded, and if they do it they should be openly questioned as to their reasons. In this situation there could only be 1 reason and that is having it recorded would cut their ability to fail genuine claiments and produce their notorious works of fiction.

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I would say that ATOS are definitely running scared of recorded assessments as then everything that a claimant tells them will be on permanent record and not on one of fictitious reports. Their attitudes would also be recorded so some would have to work on their communication skills.

 

Hopefully recording assessments will lead to less people being dragged through the appeals system and Tribunals, causing them less stress, which in turn will cost the DWP far less in resources and costs. IMO this makes simple common sense but hey who am I to comment, I am on ESA......

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Here's a thought......

 

If ATOS is finding it difficult to supply the recording equipment, why they are I haven't got a clue taking into consideration the amount of money paid to them by the government, Why do they not use the rooms that are in every JCP that are used for IUC, already equipped with recording equipment, seeing that they are contracted by the DWP?

 

Or is that just plain, simple common sense????????????

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I am currently compiling a letter to be sent to both the papers mentioned above and the Shadow Minister in charge of benefits. Maybe he can start asking uncomfortable questions in Parliament.

Good for you :) let me know of any respnse:)

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Excellent letter, the only thing I would add is that they refuse to confirm in writing that the assessments they cancel are due to their lack of being able to provide the service and not the claimants, to ensure the claimant is not blamed for a missed assessment which could lead to sanctions etc........

 

If you would like I do not mind if you cut and paste the draft of the letter they sent me supposed cancelling my assessment which was in fact.... "tough we a'int doing it".

 

Dear Mrs XXXXX,

 

I have received your request to obtain an audio recording of your medical assessment.

Unfortunately we are unable to provide the service at present.

Therefore your appointment on 3rd July 2012 will not be audio recorded.

 

I apologise for any inconvenience caused.

 

yours sincerely,

 

XXXXXX

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Simon great email..... get it fired off please.....

 

As you are showing a great aptitude for writing well informed and woeded letters maybe it would be possible for you to write a general draft letter regarding this matter and then those of us that are being given the run around by everyone involved with the WCAs, Then we can copy put in our relevant information and all bombard Chris Grayling with emails.......

 

Seeing that my MP is asking questions on my behalf I will email him and ask him if this is true as well and see what comes back. maybe a letter sent to all the newspapers demanding to know why they are not reporting this at all.....

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All 11 broken?????????

 

The ATOS spokeswoman is saying that “A lot of people are getting their assessments audio-recorded at the moment.” has anyone actually heard of anyone having a recording since February when Chris Grayling said that claimants had the right to have their assessments recorded?

 

IMHO Atos should be providing the equipment considering the obscene amount of money they are paid by the tax payers to provide their ineffective service.

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Because I expect ATOS doctors know what they write is probably going to be the decision. I still havent heard of a single occurance where a DM has overuled a ATOS report.

Worried I most probably am the single case you hadn't heard of..... A DM overturned mine as soon as I got my appeal in after talking through the report with me over the phone...... but I know that is very unusual and consider myself very lucky.

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Just to clarify for everyone......

 

If you are waiting to have your WCA carried out, contact ATOS and DWP and exercise your right to have it recorded. If ATOS then ring you up and say you can't have it because you live in the wrong area, tell them you want that in writing from them, as you will be seeking legal advice.

 

Refuse to have the WCA booked unless it is to be recorded, if you turn up and there is no recording facility refuse to go ahead with it.

 

It is only by standing up for our rights and sticking together on this that we stand any chance of forcing the Governments hand. If we all cave in and let them dictate to us like they are doing, then they will continue to walk all over us. We may well not win in the end but at least we can give them a hard time in the process.

 

Their are supposed to be 11000 WCA's every week, if we all demand them to be recorded, it will not take long before the system buckles under the pressure and something has to give.

 

WE HAVE TO FIGHT FOR OUR RIGHTS AS HUMAN BEINGS!

 

I am right with you there Simon...... no way will I have my assessment done and not recorded.

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Hensteeth

That is rather amusing may I say.

 

After an assessment in which you are found fit for work, the DM rings you up to have a 'chat' as to whether the assessment is correct? Why not do away with all of the assessments and for all of us to have a 'chat' with the DWP to see if we are fit for work or not.

 

Not amusing tbh....... I was lucky to get a DM who noticed big discrepancies and contradictions on my report and after talking them through with me decided to overturn it. I do not see the need for sarcasm.

 

Do not misunderstand me I am totally frustrated with the whole ESA system and the way some DMs deal with their claimants as I have been at the rough end of them as well, but there are good and bad in all official organizations.

Edited by Dilizjo
I did not do quote properly
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Another 'Tough you will do it our way or the highway'.................

 

"We will make every effort to accommodate requests for this service and hope that we will be able to meet demand. However, under the terms of our contract with the Department, we cannot postpone an assessment on the basis of audio-recording."

 

Under the terms of their contract???????????? That would be a very interesting contract to read or have someone with legal understanding to read as it will be gobbledegook to me... but then again anything concerning ATOS is!!!!!!!!!!!!!

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Fully agree with you Simon, I have the same resolve.....

 

I also have not received any cancellation confirmation of any of my 3 cancelled appts or any recognition from "I am going to reply to you, but not give you an actual answer to your direct question, with a big smile and lie through my teeth" Grayling

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Good article hopefully will help us all:) I just wish that they had included the fact that DWP/ATOS do not inform any claimants that they are entitled a recorded assessment in their literature and that is the reason that there are a small number of requests, but it is indeed a giant leap forward in the right direction for us all:)

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