Demand your Atos assessment is recorded

fedup90 wrote:

So should someone appealing and who secretly recorded the Atos medical, send a transcript and a tape of the actual recording to the appeal tribunial?

Hi fedup90

If a claimant has a recording of the face-to-face assessment and needs to appeal, it's probably best in the first instance to quote snippets of the recording to the DWP to refute the medical report, and offer to provide a full copy of the recording upon request.

If the case progresses to appeal and it's felt necessary to disclose the recording to the tribunal, the tribunal can choose whether or not to accept it as evidence. However, the tribunal would be required to give reasons for dismissing the evidence in the statement of reasons. Failure to do this, or if the reasons are considered inadequate, the claimant may have grounds to appeal to the Upper Tribunal.

Regards

Derek

If someone? Covertly recorded a medical (interview) and that recording showed that what was said in the interview was, shall we say, written down incorrectly or dismissed completely and something else was written down that was totally incorrect. What could one do about it?

just asking for future refference

Hi H,

I have merged your post with the other thread regarding recording medicals, to avoid confusion.

bro58

haboo wrote:

If someone? Covertly recorded a medical (interview) and that recording showed that what was said in the interview was, shall we say, written down incorrectly or dismissed completely and something else was written down that was totally incorrect. What could one do about it?

just asking for future refference

Hi H,

I have merged your post with the other thread regarding recording medicals, to avoid confusion.

bro58

Hi H,

The ATOS HCP is allowed to make "Assumptions" and draw "Conclusions" from observations made at the assessment, even though the above may fly in the face of the claimant's expressed level of limitations.

The ATOS HCP is supposed to justify the above, so it would be up to the claimant to provide compelling evidence that the "Assumptions" and "Conclusions" were errant.

Please see :

3.1.11
Behaviour observed during the assessment

From page 58 onwards of The WCA Handbook , accessible from here :

ESA Guides

bro58