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The DWP are refusing to let Capita give claimants a recording of their personal independence payment (PIP) medical, even though Capita want to do so, a minister has revealed.

When Capita won the contract to carry out PIP medicals in the Wales and Central England, two issues stood out.  One was Capita’s desire to carry out most medicals in claimants’ own homes, the other was their eagerness to record every medical and give the claimant a copy of the recording.  

Given the farcical and endless ‘pilot’ of recording ESA medicals, which includes not telling claimants that they can ask to have a recording made and posting the same few increasingly battered and malfunctioning recording devices back and forth across the country, regular readers will not be surprised to learn that the DWP have forbidden Capita to record PIP medicals.  This is in spite of the fact that it would not have cost the taxpayer a penny as Capita would have borne the cost as part of their bid.  

The perhaps ironically titled minister for the disabled, Esther McVey, told MPs that:

“Audio recording of PIP assessments will not be offered by Atos or Capita. The DWP has not seen evidence from other disability assessments that this would improve the quality of assessments. If claimants wish to record their assessment they must inform the assessor in advance and provide the assessor with a copy of the recording.”

This is a rehashing of the standard line that claimants must obtain a hugely expensive dual recording device if they wish to record their medical.  This position has already been shown to be potentially illegal in this DWP document on recording ESA medicals which states that:

“. . . legal advice has been obtained to confirm that recording of assessments for the claimant must be allowed without unreasonable obstructions.  The majority of claimants who request that their medical assessment is recorded do not have the financial means to provide the specified recording equipment.”

Perhaps it is time for claimants to follow the example of David Johnson (members only) and make use of the Equality Act to argue that recording their PIP medical for personal use – in the way you might otherwise make handwritten notes – is a reasonable adjustment for claimants with memory or  concentration impairments and for those who have a physical difficulty with writing.


0 #6 Eli48 2013-05-11 22:32
i had my esa medical recorded it made no difference i still lost appeal
they didn't give me enough points i'm awiting statement of reason for
possible point of law .i also found out atos doctor was suspended then sacked
by NHS for her conduct .they refused to work with her.
I would say that the fact the doctor who carried out your assessment was suspended and sacked for her misconduct by the NHS and most likely could be struck off the medical register, is a point you could use to appeal. If she was not fit to work in the NHS, you could use that to contest your assessment by her.
0 #5 Brendazero2 2013-05-03 11:19
i had my esa medical recorded it made no difference i still lost appeal
they didn't give me enough points i'm awiting statement of reason for
possible point of law .i also found out atos doctor was suspended then sacked
by NHS for her conduct .they refused to work with her.
0 #4 bromely heath 2013-05-03 09:19
I have recently been assessed by ATOS and requested beforehand that it be recorded.
Along with others who have asked for their assessment to be recorded I was kept waiting for 40 mins before being called for. The recording machine might have come for a museum as it used 70's type cassette tapes. In order to play it back I had to trawl the local charity shops to find an old tape player.
.In my own case the assessments was terminated as it was deemed by the 'nurse' that I needed to be assessed by a doctor.
Another appointment was made but when I showed up I was imformed that the doctor had been 'called away on an emergency'. I wrongly assumed that the ATOS doctors were employed to carry out assessments I did not realise that they were also 'on call'. I have a 3rd appointment in 3 weeks time. I wonder what fantasy story they will come up with then. I wrote at the time complaining at my treatment to my MP who has to date done nothing.Watch this space!
+4 #3 Thomas Beck 2013-04-25 14:46
I only started subscribing yesterday and think most of the day could be spent reading the comments and stories of illegal moves by government ministers. I am appalled at the thought you cannot get a copy of your medical from Atos or Capita. On hearing Capita were coming on board I felt better thinking Atos had got the boot as I believe they did in many American states. There is only 1 objective on the government side, get everyone on to job seekers allowance, no matter what the circumstances of the claimant, using as many under handed methods as you can. Ian Duncan Smith is the tory Rottweiler who believes in getting the job done no matter who gets crushed under his feet. Be prepared people for a total lack of common sense. One that will stick in my throat and many others is the one where you are persistently hounded whilst, one, you have an illness that is not getting better, so why keep asking us and second hounded because your paralysed arm which has chronic pain added in, is questioned' is it any :-* better'. You feel like saying yes God came down last night and gave me the use of my limbs, cured my incurable heart disease and set me up with a nice little bank job, with an instant million pound bonus!!!!!!!!
+7 #2 stewthedarrenner 2013-04-24 02:49
having suffered a frontal lobe injury in 1996 which left me with memory problems i have been recording phone calls and meetings with 'officials' from whatever sort of organisation i have dealings with be it a utility company or the local council. i have done this as an 'aide memoire' for a good 10 years now.
in the course of dealing with my local council the issue of my recording things has arisen. i have consulted the ICO within the last 2 years and the outcome is this.....
you are perfectly within your rights to record something without telling the other person they are being recorded if it is 'for personal use'....section 36 of the data protection act exempts it. unlike organisations and companies that have a duty to tell you you are being recorded if it for personal use you are under no obligation to tell them.
if it later turns out you wish to use said recording....a court will allow it as evidence.
as for recording devices...i use an olympus digital recorder. they are available for upwards of £30 and are simple to use, and its a simple case of transferring the recordings to your computer for storage/playbac k.
you can have it in a pocket or use a tie-clip microphone etc...just dont plonk it down on the table in front of whoever you want to record as they usually spit their dummy out and start ranting on about data protection and 3rd part right when they have no actual idae as to the law.
so irrespective of what the dwp say...spend the £30, buy one and record your own medical. they are useful devices and come in handy :lol:
+5 #1 John 2013-04-23 18:54
Anyone considering agreeing to the DWP imposed conditions and signing the audio recording consent form might be interested to know that the form is currently being investigated by Companies House for a breach of the Companies (Trading Disclosures) Regulations and by the ICO for a breach of the Data Protection Act.

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