Refused ESA and DLA, looking to record meetings please advise

[chez4901]

Hi I'm new to this and not sure how to start a new thread. Basically I'm having to appeal for ESA and I've just been refused DLA as well. I've seen a few people mention they've secretly recorded interviews and Atos medicals so they have a record of what was said for their own use and I just wondered what equipment I could use to do the same. Would appreciate any advice from anyone who's done this. Thanks in advance.

[honeybee13]

Hello chez and welcome to CAG.

 

I'm going to start a new thread for you on this forum. Please continue to post on that, I'll send you a link by PM.

 

My best, HB

[**Margaret**]

:chez4901:

 

From your message I'm not entirely clear what you're asking but here's Margaret's guide to audio recorded interviews with Atos n Jobcentreplus.

 

Clearly it's too late to record your last work capability assessment but if you're thinking ahead to next time;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?336827-Announcement-ESA-claimants-now-have-the-option-of-having-their-WCA-recorded

 

What or who do you want to secretly record?

 

Covert recording of Atos assessments is legal, though they'll try to tell you it isn't, so long as the recording's for personal use. Tribunal judges get the final say as to whether a covert recording's admissible evidence at an appeal hearing.

 

Interviews at a Jobcentre can be recorded openly on a mobile phone or whatever. Don't think it's encouraged but it can be arranged with persistence and fourteen (I think) days notice.

 

Mobile phones, music players, and adapted keyfobs/pens, which are readily available on the internet, seem to be the covert recorders of choice. Personally I've yet to try covert recording (my computer literacy's still a work in progress) but several caggers have done it successfully so I'm sure one of them will see this and explain in more detail how it's done. I've yet to successfully transfer a recording to a disc!!

 

Has Jobcentreplus used the disputed work capability assessment to refuse a disability living claim/renewal?

 

Sincerely, Margaret.

Edited January 12, 2013 by **Margaret**

[antone]

In a related thread to the one Starryeyes mentioned above, here's a guide by poster Crazy Diamond:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?374850-Covertly-recording-your-Atos-Assessment

[chez4901]

Thanks for all the info Margaret I will take a look at the link as well. I was looking ahead but also my son has just received a medical questionnaire to fill in so I'm expecting him to have another medical soon as well. To be fair he hasn't had any problems with his and never been refused but after reading the Atos report of my medical when I requested all the info to appeal I would like to record his just in case. There isn't any mention on the DLA refusal I got about the disputed work capability but to be honest there's virtually no explanation at all as to why I was refused so I will ask if there's any more paperwork I should have when I phone to request an appeal form.

Regards Cheryl

[chez4901]

Thanks antone I will check the link out

[Nystagmite]

You need to request the statement of reasons. This also gives you another 2 weeks to put your appeal in.

[banksarggg]

i recorded my medical and used it for my own purposes because its obvious i wasnt going to remember the whole medical , my carer recorded it on her mobile phone , that way if i failed it and had to go to a tribunal i could say word for word what was actually said and not what atos "made" up

[chez4901]

Thanks for all the replies, I will test a recording on my phone and if that doesn't work I'll look online for a pen or usb stick which records.

[chez4901]

I must not be with it at the moment I've just read the letter again and it says the decision was made using info from my claim form and the health care professional who examined me for ESA. Does anyone know if that makes a difference when I put in an appeal?

[**Margaret**]

:chez4901:

 

Assuming we're talking about an employment n support appeal following receipt of an ESA65 disallowance notice what you've described is normal procedure. It doesn't affect an appeal in any way except that mistakes in the Atos assessor's report, so long as they're relevant to the descriptors, can be used in support of the appellant's claim. If you sent any extra medical evidence, Atos've lost it.

 

A copy of your Atos report (the ESA85) is available on request from your local benefit delivery centre.

 

:honeybee13:'s written an excellent guide to employment n support appeals which can be found at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-tribunal

 

We used it for a partially upheld complaint to Atos.

 

Sincerely, Margaret.

Edited January 15, 2013 by **Margaret**

[chez4901]

Thanks Margaret, I've already had the ESA85 copy and put the ESA appeal in but it looks like I'm going to have to do a DLA appeal as well.

[**Margaret**]

:chez4901:

 

Sorry, I missed that you'd already got the ESA85. 'Not being with it at the moment' must be catching!

 

Unfortunately Jobcentreplus do use ESA85s to decide disability living allowance claims, which is very unfair while the findings of the Atos assessor are in dispute. An initial thought is that your appeal for disability living should challenge the incorrect parts of the ESA85 that impact adversely on your claim for disability living. Beyond my initial thought, I'm shutting up cos other contributors have more experience of disability living allowance appeals.

 

Best wishes with both appeals, Margaret.