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Recording at assessment. Current position??

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10 years 7 months ago #110208 by slugsta
Replied by slugsta on topic Recording at assessment. Current position??
Hi David,

Many people do get their assessments recorded without any problems. Likewise, many people also get HCPs who treat them with courtesy, report accurately and make sensible recommendations to DWP (within the confines of the descriptors).

It is human nature to shout more loudly when we are unhappy and/or dissatisfied, which is why it is less common to hear from people who were happy with the process and believe they got the correct decision. However, many of our members have reported just that, so try not to be too disheartened.

On another note, it appears that your username might be your real name. If you wish to change this in order to maintain some anonymity you can do it easily by following the advice in this FAQ.

My full name is showing, how can I stop it?

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 7 months ago - 10 years 7 months ago #110210 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Recording at assessment. Current position??
Claimants can if they chose to do so record a medical assessment covertly. There is nothing in law to prevent them doing so. However, whether a Tribunal would accept it as evidence depends on the particular Tribunal Judge chairing the Tribunal.

Up to date information can be found in the Spotlights are of the forum : ADVICE & INFORMATION ON RECORDING MEDICALS

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 7 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

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10 years 7 months ago #110211 by slugsta
Replied by slugsta on topic Recording at assessment. Current position??
Just to follow-on from Jim's excellent advice. There is no reason why the claimant should not make a covert recording. You might hear people saying that this is illegal, but that is not the case. However, if you decide to go down this route, you must be very careful to make sure that you are not found out as, if that happened, it is likely that the assessment would be discontinued and your case files returned to DWP.

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

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  • bro58
10 years 7 months ago #110214 by bro58
Hi,

There is a two page template letter that you can personalise and send with your ESA50.

Under the heading entitled :

"Letter asking for your medical to be recorded
A 2 page letter you can copy and paste to send to DWP/Atos requesting that your medical is recorded. This letter is also included in the WCA guides aWord version may be easier to copy and paste."


4th link from the bottom on this page :

ESA Claims Guides

If you are then required to attend a F2F, you could resend it to ATOS.

This would be your first step, to actually request it in writing, you may then be able to challenge them if recording facilities were not provided.

bro58

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