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How long after the WCA can you requet a copy of your Report ESA85?

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I had my WCA last autumn and scored zero points, when I got the call about my benefits being disallowed on discussion with the DM it became clear that much of what was the report form the WCA was missing and he was able to verify what I was saying after looking at my ESA50 (another peice of evidence that they don't bother looking at the additional information you send and only at what the ATOS HCP says). I was then allowed to stay on ESA in the SG after a reconsideration.

 

Now of course I have recieved a couple of days ago another ESA50 which is way too soon but I knew I would not get much respite after my last ordeal. Anyway I now want to request a copy of my last ESA85 or the ATOS Report from my WCA last time but have I left it too late or can I request it at anytime?

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I would like to request my next WCA to be recorded as during my last assessment the ATOS HCP left a lot of what I said out and also bent the truth as far as I can tell. I want the recording for my own protection as I think they are more likely to be honest when the WCA is being recorded.

 

Is this option still available? If so how should I request this, can they refuse my request?

 

Also is requesting a recording of my WCA likely to cause long delays in actually getting my assesment? I have heard of this happening but I hate living with this hanging over me so that would be difficult.

 

Any advice gratefully recieved!

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I have merged two threads which are basically asking the same question ! Please stick to one thread per subject.


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I have merged two threads which are basically asking the same question ! Please stick to one thread per subject.

 

I do understand why you have merged the threads but I feel that they are quite seperate qustions. the First is if I can request a paper copy of my ESA85 some months after my WCA and the second is about requsting an audio recording of my next WCA which are two seperate subjects.

 

I admit my questions may be somewhat long winded!

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Yes, but 2 questions concerning the same issue..

 

1: Can you request a paper copy of an ESA85

2: Can you request an audio of your next WCA.

 

The very people who are likely to be able to answer one question, will be able to answer the other.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

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HERE

2: Take back control of your finances -

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Read Here

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Read Here

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I had my WCA last autumn and scored zero points, when I got the call about my benefits being disallowed on discussion with the DM it became clear that much of what was the report form the WCA was missing and he was able to verify what I was saying after looking at my ESA50 (another peice of evidence that they don't bother looking at the additional information you send and only at what the ATOS HCP says). I was then allowed to stay on ESA in the SG after a reconsideration.

 

Now of course I have recieved a couple of days ago another ESA50 which is way too soon but I knew I would not get much respite after my last ordeal. Anyway I now want to request a copy of my last ESA85 or the ATOS Report from my WCA last time but have I left it too late or can I request it at anytime?

 

You can ask for any esa85 report a few days after your assessment but has this is from your previous ESA i'm not sure if that will be still available now? be warned the DWP hates sending these out as you can imagine it will be full of inconsistances that will be needed for you to use for a tribunal?

 

I do recommend you take your own recording device like a mobile fone as this can also be done secretly, my understanding is if you ask for a recording they don't like to use them and will likely use an excuse saying that they can't get one in time.

 

IMO its better to just record it without them knowing about it, if you tell them at your assessment that your recording them they usually stop the assessment?

Edited by kAPPS

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Hi if you do get your assessment recorded by ATOS then please listen to the recording.

 

I attended an assessment with a friend and when we compared the recording to the copy of the assessment sent to my friend when they failed to get put into the support group. We found that on 3 occasions the assessment was stopped while the person doing the assessment checked that they had entered info correctly. The assessment then started at the next discripter and did not continue and complete the previous discripter thus missing out important info on the assessment.

 

On 2 occasions information was given as to my friend's condition and how this affected them and nothing from these 2 occasions was included in the assessment report (one being about my friend having a panic attack and running on to a busy road)

 

You have to watch ATOS at all times.

 

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Hi if you do get your assessment recorded by ATOS then please listen to the recording.

 

I attended an assessment with a friend and when we compared the recording to the copy of the assessment sent to my friend when they failed to get put into the support group. We found that on 3 occasions the assessment was stopped while the person doing the assessment checked that they had entered info correctly. The assessment then started at the next discripter and did not continue and complete the previous discripter thus missing out important info on the assessment.

 

On 2 occasions information was given as to my friend's condition and how this affected them and nothing from these 2 occasions was included in the assessment report (one being about my friend having a panic attack and running on to a busy road)

 

You have to watch ATOS at all times.

 

dpick

 

Interesting, I thought that when the assesment was carried out an was being recorded by ATOS that the machine they made recoded tow copies at once and that you were given the CD before leaving your assesment, I didn't think they sent it out to you later?

 

As a back up I will get some kind of device to record the interview coverlty as well so that I have my own recording.

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You can ask for any esa85 report a few days after your assessment but has this is from your previous ESA i'm not sure if that will be still available now? be warned the DWP hates sending these out as you can imagine it will be full of inconsistances that will be needed for you to use for a tribunal?

 

I do recommend you take your own recording device like a mobile fone as this can also be done secretly, my understanding is if you ask for a recording they don't like to use them and will likely use an excuse saying that they can't get one in time.

 

IMO its better to just record it without them knowing about it, if you tell them at your assessment that your recording them they usually stop the assessment?

 

Thank you for your reply, I do know that ATOS aren't keen on recording the assesments however what I want is for the assesment to be carried out fairly and for what was actually said to be put on the report rather than whatever suits the HCP as I have found to be the case in the past.

 

As far as I am aware if you request a recording by them they have to do it and if they need to postpone because they don't have the equipment available on the day then they must give you another appointment time when they do have the equipment and that the claiment will suffer no loss of benefits for any delay. That is what I believe to be true but of course I have heard people say that they have been told a recording is not possible and that they can't delay assesment any further. I think in this case ATOS are just hoping the claiment will give up. If anyone could actually clarify what the written down rules on this are I would be very grateful.

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my result was in oct, WCA in july/august, still not arrived.

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When atos failed me in 2009, I got a copy of that report, and I also requested the dwp to send me the previous 2 reports which were done in 2005 and 2007. It took them a couple of weeks but I did get them all.

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Thanks Ruby, thats great I will give them a call and see what they say!

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I rang first, promptly followed by a written request, and gave it a week then rang and asked them if they had sent them yet lol keeping a note of who I spoke to on both occasions. when you ask for their name it seems to make a difference.

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:big issue:

 

Such as they are, the 'the written down rules' can be found at;

 

http://blog.atoshealthcare.com/2012/12/

 

To date, neither Atos nor Work n Pensions have been persuaded to put the info into a printed format.

 

One of the initial requirements for an audio recorded assessment was an advance written request, either on the ESA50 or via letter. For logistical reasons both get ignored initially but both can be used as evidence that a recorded, by Atos, assessment was requested, especially if the letter's sent via recorded delivery.

 

So far as can be ascertained, the current legal situation is that Atos have to allow an assessment to be recorded but they don't have to provide the audio recorder.

 

Currently, Work n Pensions are reserving the right to insist on unrecorded assessments after a four week delay but there's no officially recorded instances of it happening since 1 October 12. I've now been waiting for six months. Other Caggers have been waiting far longer. The usual senario is last minute rescheduling of an appointment by Atos, cos they can't source an audio recorder/pinocchio prepared to use an audio recorder.

 

Have you read?

 

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

 

Among other issues it discusses the pros and possible cons of covert recording. Also, there's loads of links to further reading gleaned through freedom of info responses.

 

Sincerely, Margaret.

  • Confused 1

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:bigissue:

 

Now, about that ESA85 from your last assessment. Like :Ruby_Tuesday: you may be lucky and get hold of a copy for the cost of a phone call, confirmed in writing, to your local benefit delivery centre. Failing that, it's a formal subject access request to your local benefit delivery centre. Theory is a respose within forty days, currently it's taking up to sixty days. Jobcentreplus don't charge for subject access requests.

 

Looking forward; the best time, and easiest way, to get hold of an ESA85/85A is to phone the benefit delivery centre dealing with the claim two working days after the assessment.

 

Sincerely, Margaret.

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:citizenB:

 

I've no problem whatsoever with the merging of :bigissues:'s threads but with his/her agreement, is there any chance of altering the thread title to include audio recorded work capability assessments?

 

Some of us are working really hard to get out the message that Atos assessments can be audio recorded. The title of a thread on an internet forum can be really helpful to a hard done by employment n support claimant.

 

Margaret.

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:big issue:

 

Such as they are, the 'the written down rules' can be found at;

 

http://blog.atoshealthcare.com/2012/12/

 

To date, neither Atos nor Work n Pensions have been persuaded to put the info into a printed format.

 

One of the initial requirements for an audio recorded assessment was an advance written request, either on the ESA50 or via letter. For logistical reasons both get ignored initially but both can be used as evidence that a recorded, by Atos, assessment was requested, especially if the letter's sent via recorded delivery.

 

So far as can be ascertained, the current legal situation is that Atos have to allow an assessment to be recorded but they don't have to provide the audio recorder.

 

Currently, Work n Pensions are reserving the right to insist on unrecorded assessments after a four week delay but there's no officially recorded instances of it happening since 1 October 12. I've now been waiting for six months. Other Caggers have been waiting far longer. The usual senario is last minute rescheduling of an appointment by Atos, cos they can't source an audio recorder/pinocchio prepared to use an audio recorder.

 

Have you read?

 

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

 

Among other issues it discusses the pros and possible cons of covert recording. Also, there's loads of links to further reading gleaned through freedom of info responses.

 

Sincerely, Margaret.

 

Thank you very much for your post, unfortunately I cannot access that atos blog you posted the link to as when I click on it I just get a "HTTP 403 Forbidden" message, have they perhaps taken this page down or is it just me?

 

I will request the recording of my assessment on the ESA50 and I will send a further request in writing by recorded delivery. Where on the ESA50 is it best to put a request for recording?

 

I will look into and consider making my own recording of the Assesment as a back up just in case there is a problem with their equipment but at the moment I intend fully to hold out for an offically recorded assessment.

 

As I am currently in the support group then a delay in my assesment will not see me worse off I don't think however I am don't really want it to drag on forever and the delays people seem to be experiancing are shocking!

 

I am also worried about the constant offering of appointments that turn out not to be recorded as requested and then even when they agree to another assesment date you think have be careful that you are not sanctioned for non attendance! Have you had to deal with this yourself? I have just been reading though Dilizjo Reassesment thread it seems they had to request every contact over cancelled and resheduled appointments be sent in writing and then follow up that request by writing to them to request it! It seems not doing this, keeping stringent records, recordings and asking everyones name etc would mean that you would most likely find yourself facing a santion for nonattendance to a WCA even if this had been aggreed over the phone. It seems crazy to me but would you say that is what is needed?

 

Right now I feel angry and am ready to fight my case I feel hounded as they are sending me out a new ESA50 even before I have had my next consultant appointment (which they know about) and had a chance start any new course of treatment, I can't just magic myself better overnight! Why don't the give people a reasonable amount of time to improve if poosible?

 

I hope I can stick to my guns and not be worn down by all of this, during my last assesment period I damn near went mad and I am determined not to let that happen this time!

 

Thanks again for your help with my queries and I will be sure to read though that addition thread you linked to!

 

Thank you also for the info of ESA85 requests!

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:Hi bigissue:

 

No idea why the first link isn't working for you.

Try Googling 'Atos Healthcare blog' then select 'Archives December 2012'.

 

On the ESA50, page 2 or page 18 (or any page in between) will do equally well!

 

: Dilizjo:'s experience is typical. I've a similar, but for the mo shorter, thread at:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?375733-Atos-Assessment-in-need-of-an-Audio-Recorder

 

I like to think I'm good at letter tennis but there's no pretending it's not hard work. I keep going cos it's easier than preparing for a tribunal. To date, this time round, I've not had to deal with an alleged failure to attend. Four years ago I had to appeal a failure to attend cos of a chaperone issue. Appeal got upheld on reconsideration cos I'd got a recorded delivery paperchase.

 

Sincerely, Margaret.

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:Hi bigissue:

 

No idea why the first link isn't working for you.

Try Googling 'Atos Healthcare blog' then select 'Archives December 2012'.

 

On the ESA50, page 2 or page 18 (or any page in between) will do equally well!

 

: Dilizjo:'s experience is typical. I've a similar, but for the mo shorter, thread at:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?375733-Atos-Assessment-in-need-of-an-Audio-Recorder

 

I like to think I'm good at letter tennis but there's no pretending it's not hard work. I keep going cos it's easier than preparing for a tribunal. To date, this time round, I've not had to deal with an alleged failure to attend. Four years ago I had to appeal a failure to attend cos of a chaperone issue. Appeal got upheld on reconsideration cos I'd got a recorded delivery paperchase.

 

Sincerely, Margaret.

 

Thank you for your response again, its is very helpful and while I wouldn't wish this on anyone it's also nice to know I am not alone :)

 

I still can't access any of the ATOS Blog from my PC even via google although I can access it via my sisters Ipad oon the same router which is odd, hope they are not monitering internet activities, I am sure they are not but its hard not to feel paranoid!

 

Thanks again!

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