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audio tape whereabouts?

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5 years 11 months ago #230773 by MJ
audio tape whereabouts? was created by MJ
Hi During my PIP assessment in January my Care Provider taped two copies of the first 90 minutes but when she reloaded the decks to tape what turned out to be another 100 minutes she was stopped from loading two cassettes because the HP claimed she hadn't seen both additional tapes being unwrapped. My Care Provider was then only allowed to make one copy of 90 out of the 100 remaining minutes and then only then after she agreed to leave that copy with IAS.

Can I get a copy of that second tape from them or a transcript of it?

I'm still preparing my mandatory reconsideration request (extended with DWP agreement) having notified them by phone within the 30 day time limit that the HP's PA4 report contains more that 150 edited and manipulated errors on pages 1-12 and 27-28 alone.

Some of the evidence of the HP's blatantly wrong behavior is contained only on the second recording in IAS's possession. Hence my concern.

Finally can you tell me what exactly IAS or the DWP can do with their copies of recordings?

Many thanks.

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5 years 11 months ago #230839 by Gordon
Replied by Gordon on topic audio tape whereabouts?
MJ

The tape should have been sent to the DWP office dealing with your claim but I doubt that they will be able to provide you with a copy or a transcript, I would be very surprised if they have the facilities to duplicate the tape and producing a transcript will definitely cost money.

As to what the DWP do with the tapes, I am reliably informed that they put them in a draw.

Whilst showing errors in the report can be important, please don't lose track of the fact that you will only get the Decision revised in your favour by showing that you meet the criteria.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 11 months ago #230884 by phrank
Replied by phrank on topic audio tape whereabouts?
Hi there,

Gordon, I 'm not doubting what you have been told. Just to say during my long process of getting my award reinstated last Autumn, one of my calls was excalated to a manager who spent around an hour talking and listening to me,

After asking her if the tapes had been listened to, she told me that the DWP never receive the tapes and that she just assumed that Atos kept them for reference purposes.

Obviously, this only came from one source but she did seem quite surprised and adament in what she said.

Eventually, after complaing to Atos, they told me that the tape had been listened to and the quality wasn't good enough to form an opinion.

The whole system is full of holes and everyone seems to tell you a different story.

Some years back I was questioning something about my ESA ( can't remember what it was it was such a long time ago), but I made a point of phoning them 2 or 3 times in succession in order to get some sort of idea what was going on, as the stories seemed to deviate so much with each call handler.

Phrank.

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5 years 11 months ago #230886 by Gordon
Replied by Gordon on topic audio tape whereabouts?
phrank

Maybe they did not know about the draw :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 11 months ago #230888 by phrank
Replied by phrank on topic audio tape whereabouts?
Hi Gordon,

Thanks for the reply.

Guess I'll never know for sure.

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5 years 11 months ago #231065 by MJ
Replied by MJ on topic audio tape whereabouts?
Hi Gordon thanks for your help. Your final comment is well noted. The approach I've taken is to copy the evidence available to the HP that has been overlooked and given a written explanation of how each activity was was supported by it.. I've then taken the HP's "justification for descriptor choice" incorrect comments and opinions that are indisputable and explained the evidence that supports having them removed from any further proceedings. Unfortunately the HP has committed a blatant act of evidence manipulation that would otherwise be considered to be a criminal offence. With regards the tapes I'm told the appeal court can order them by subpoena if necessary. Also your "draw" comment is spot on. Legal advice says that it's Atos that shelve them for 14 months before they are destroyed. Efforts continue to get a copy but I'm not too reliant on that happening. I thought it might save DWP a shed load of time with regards my Man. Recon. It seems they never go to DWP and they don't seem too interested in listing to the either.. Keep up the good work. I'm pleased to see you might be getting some more help shortly. I'm sure you can't wait! Thanks again.
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