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ESA WCA not recorded - what to do?

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8 years 1 week ago #157304 by mpckelly
ESA WCA not recorded - what to do? was created by mpckelly
Hi all,

Today I had my ESA work capability assessment.

When I was originally given the date for the WCA, I asked in writing for the assessment to be recorded. I followed this up with a call to the recording team about 10 days ago to check that the request for recording had been received by them and that the equipment would be available - they said it would. I also checked with the guy on the reception desk at the assessment centre this morning that the appointment would be recorded - he said it would.

I got into the assessment itself and part-way through I realised that no recording seemed to be happening (I have memory problems, and obviously the occasion was stressful). I then queried this, and the HCP said she hadn't received any request for the assessment to be recorded. I didn't know what to do other than carry on, and as such the appointment proceeded to a conclusion without any recording being done. (Thankfully, my partner was with me and took notes assiduously - so at least we have those in case we need them later on in the process).

I'm not sure what to do about this. Is there any worth in my complaining about it - at this point, or later?
Could I use the failure to record the appointment as an argument in my favour if the HCP's report doesn't seem full or fair to me, and consequently the DWP's decision isn't agreeable? (For instance, could I argue that the WCA should be done again, and recorded?)

Does anyone have any experience/views as to whether NOT having had the WCA recorded is a significant disadvantage?

Thanks in advance for any thoughts you may have.

HT

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8 years 1 week ago #157307 by shelam
Replied by shelam on topic ESA WCA not recorded - what to do?
Hello Hablitza

Before replying to your question, can I point out that your full name is displayed here? If you don't want your name to be viewed, you can change it by going to 'Frequently asked questions', where a full explanation is given.

In answer to your query, it could be argued that you believed you had the right to stop the interview when you realised it was not being recorded, but you chose to continue,, effectively giving up that right. We know that you probably have had your claim stopped had you done so, but the DWP won't agree with this.

I would suggest that you write to the DWP, politely explaining that you were assured up to and on the day of the interview, that you would be recorded, and were unable to interrupt the interview as you were afraid your claim would be stopped. In that way you have a written record of the fact you had requested recording etc etc.

If the outcome of your assessment is not as you would hope, and you have to go to MR, then you can stress again that you had asked for the interview to be recorded, and asked this specifically so that there would be no confusion over your answers; when you have a copy of your assessment in front of you, you will be better able to pick out the areas where there is any discrepancy.

Other than these suggestions, there is nothing you can realistically do at the moment. Wait until you have the result of your f2f, and take it from there.

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8 years 1 week ago #157326 by mpckelly
Replied by mpckelly on topic ESA WCA not recorded - what to do?
Hello Shelam,

Many thanks for your thorough guidance. (By the way, Hablitza Tamnoides is a pseudonym, so no worries regarding it being displayed).

Best,
HT

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