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Telephone Mandatory Consideration

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1 week 2 days ago #290627 by KABTT
Replied by KABTT on topic Telephone Mandatory Consideration
Sorry to hear your news, but don't give up - you will find many here who didn't and won.

Was your review/assessment carried out by Independent Advisory Service (IAS) previously known as Atos? Had absolute hell myself with a similar situation and have resigned myself to the fact I'll need a tribunal hearing to get the truth out with at least one qualified doctor.

Had a shock when I looked at my PA4 - nothing I'd said was recorded, it was like the result was already decided so the person interviewing me wasn't listening or following protocol. As I worked for Ipsos MORI I've had experience of interviewing on a lap top with a broad range of folks, I was trained to record with accuracy & the assessment service IAS did not.

For me the IAS/Atos interview has been devastating so I understand you horror at the misinterpretation of what you've said. Now when I see the name Lauren I'm on edge.
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1 week 2 days ago #290639 by Gina1
Replied by Gina1 on topic Telephone Mandatory Consideration
Hi KABTT. Thanks for your reply. The penny has dropped, yes it was, and they are worse than capita I have heard. Think we have been set up to fail. Worried sick. And I’m so sorry to hear you are having a rough time. Agree entirely with what you have written. ATOS blurb makes them sound focussed on helping individuals, wanting to support you….yeah, we know otherwise. I sincerely hope you get what you rightfully should. From a reply from Catherine, it sounds like a tribunal is group of three people, and not a courtroom where you stand in the box to give evidence, so I hope you don’t feel intimidated and.. it goes well Best wishes
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1 week 2 days ago #290640 by Anji
Replied by Anji on topic Telephone Mandatory Consideration
Hi Gina

So sorry to hear your experience. When my son rang up to ask for an MR they tried to do it over the phone. Luckily we were texting at the time (his preferred method of support) and he said they were going to ask him questions. I said DO NOT ANSWER them!!! I am so grateful that I had read about this trick on here as I said, no stick to your guns and say you want to submit it by post as you have extra evidence. They kept trying to push him to do it, which caused him a lot of anxiety but he managed to persuade them he wasn't going to.

We are still waiting for the results, but as others have said, preparing all the evidence took me a long time. I think it should be possible though to tell them you are going to send extra evidence, especially as a response to the assessor's report.

Good luck, and keep fighting! Let us know how you get on
Anji
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1 week 2 days ago #290644 by Gina1
Replied by Gina1 on topic Telephone Mandatory Consideration
Hi Anji. So glad you stuck to your guns. We had never heard of doing it this way, and call handler didn’t say this is what would happen on the call. Another protocol breach maybe? He was only told at the very end.
Hubby is very switched on, he thought he was just going to ask for papers to complete. It took him by surprise but he just got on with it. We are going to write in (sent tracked and signed for) over the weekend, and tell them we are compiling further evidence, and preparing our full responses. Told it will take 8 weeks to get decision, so as soon as the assessors report arrives we can get on to it. I hope you get a good result. Let us know too! Thank you for your support.
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1 week 2 days ago #290645 by Catherine
Replied by Catherine on topic Telephone Mandatory Consideration
Hi again Gina1,
To clarify my comments about an appeal panel or tribunal panel - same thing, sometimes called one, sometimes called the other.
It is a service provided by the courts and tribunals service so you will see their letter head etc on letters which you receive. The hearing will be in a building which is run by them as a court, and potentially there will be more formal trials and hearings happening in the same building as when you are there. But that is about as bad as it gets!
The building you go to will depend on where you live. The one I generally go to is a rather boring looking office type building. There are court security officials at the door who will want to check your bags and you habve to walk through a metal detector. Nothing you will probably have not experienced somewhere else. You are told which area to go and wait in. There will be a court employee there who is there to make sure that everything runs smoothly - which includes helping you and answering any questions you may have. They are also the only person who can give you a claim form to claim your travel expenses.
When it is time to go into the room where the panel are waiting they take you in and introduce you.
At the court I generally go to the panel are sitting at the front in a row at a slightly elevated desk, and the court official shows us to a table where we can sit.
Nobody is wearing a wig and nobody is wearing a gown. If clients ask me how they should dress I advise them to wear what they would for a funeral since it it a formal hearing. But you will not be judged on what you wear provided it covers everything which needs to be covered.
There is no jury, occasionally there is a representative from the DWP, but in that room they carry no more status than you do in that room.
If you do not have an advisor with you, you are welcome to take a relative or a friend so you are not alone.
The panel is made up of a judge (a fairly junior one), a GP and a disability expert. The judge is the chair and leads the hearing. The hearing is recorded, and if you need to, you can get a copy of that recording.
They will start off by introducing everyone and checking that you don't have any questions and check that you are the person they are expecting and confirm with you what you are appealing.
They then take it in turns to ask you questions - generally the judge first (very few questions), then the GP and finally the disability expert. You will be given as much time as you need to answer their questions.
At the end the judge may have a few extra questions to ask, and they will give the person who is supporting you the opportunity to speak. They are not expecting a 'closing statement' as you might see on the television, but it is there opportunity to pick up on something you might have missed or possibly given an ambigious answer to. They are not generally invited to give evidence, but can ask you a question in court and you can answer it in court - for example - Gina could you give the panal an account of getting reading to come here today, including how long it took you.
If you need a short break or a drink of water they will facilitate that. Their role is to ensure the right outcome, and that includes giving you every opportunity to present your case.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 week 2 days ago #290653 by Gina1
Replied by Gina1 on topic Telephone Mandatory Consideration
Hi Catherine. Thank you for explaining the process. I haven’t been in this position before. I’m worried how my disabilities will prevent me from remembering what I need to tell them (brain injury) but there is nothing I can do about it. If husband can speak at the end I should be ok. Thank you so much for spending the time to reply. Really appreciate it our help

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