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Recording ESA Medicals 7 years 6 months ago #98172

Despite having Tribunals pending for both ESA backdating and DLA, I do have some positive things to say about the ATOS ESA Medical for once (apart from having to travel 20 miles to the Assessment Centre and kept waiting for 40 minutes in a waiting room where cameras watched our every move.

I phoned a week before my assessment and asked for a ground floor room as I had difficulty with stairs and also asked for the assessment to be recorded AND I GOT BOTH! To my great surprise the staff were pleasant and helpful. The assessment took about 35 minutes and was recorded, I was also given a copy of the tape amd expenses for travelling. The doctor was pleasant but one interesting point arose as AFTER he turned off the tape he immediately asked me WHY I wanted to have the assessment recorded and did I know that it could not be used in evidence.
I will now have to wait for at least 4 weeks for the ATOS medical details to be sent to a decision maker so my view of ATOS may change if I dont get the right decision :unsure:

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Last edit: by . Reason: TICK.

Recording ESA Medicals 7 years 6 months ago #98182

irish wrote: The doctor was pleasant but one interesting point arose as AFTER he turned off the tape he immediately asked me WHY I wanted to have the assessment recorded and did I know that it could not be used in evidence.


The doctor was incorrect, it is perfectly possible for a Tribunal to admit the tape as evidence, if it wishes to do so.

Gordon

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

Recording ESA Medicals 7 years 6 months ago #98224

You could also submit the recording to the DWP if you thought it would be helpful. Tribunals can choose whether or not to accept it as evidence but strictly speaking, decision makers are required to take into account all of the available evidence.

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