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TOPIC: ESA Tribunal Question

ESA Tribunal Question 3 days 15 hours ago #171179

Hi..I have a ESA tribunal next week because I failed the medical assessment a few months ago.

During my ESA medical, I secretly recorded the interview on my mobile phone which prooves that the medical report is littered with lies in regards to my answers and the answers in their report.

I feel that this recording would damage the credability of the medical report as its inaccurate

An Example :
HCP - ''Any problems socialising?''
ME - ''After being left facially disfigured, excess drooling, speech problems from head and neck cancer, its has had an egnormous effect etc etc'' .....

In their report - Mr G said that he does not have any problems with socialising and communicating.

Unfortunately for me, i understand unofficial recordings cannot be used a evidence BUT would it be worth mentioning to the tribunal panel that I have this recording OR would this put me in a bad light because ultimately, I shouldn't have made a recording and would it make me look 'cocky'

Any advice would be great.
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ESA Tribunal Question 3 days 11 hours ago #171190

  • Gordon
  • Forum Moderator

I'm not sure where you have heard that this recording cannot be used, it is down to the Tribunal Judge to decide what information they choose to use or not, but don't assume that this will mean that they want to hear it.

I would say in your submission that you have a tape recording of the assessment which you can provide a copy of to the panel on the day.

You can then provide quotes from the tape in your submission. A word of warning, you must transcribe the sections verbatim, don't be tempted to edit them for effect. It will help if you can link what you said in the assessment to what you said on your PIP2 form,

Be aware that depreciating the assessment report will not result in an award, the panel can only make one by your showing that you meet the criteria for one, so please make sure that you show this first.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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ESA Tribunal Question 3 days 6 hours ago #171225

Hi AdG,

I understand how frustrating it is receiving an ESA85 full of comments that have no resemblance to your disability, but you need to bear in mind that tribunals often ignore the medical report and carry out their own assessment.

At my tribunal I stated in a written submission that I will not submit the recording (unless requested) to avoid wasting the tribunal's time, but if there was any dispute over what was said at the assessment I would request an adjournment and insist that the tribunal listens to the recording.

I think it is extremely unlikely that your tribunal will actually hinge on the validity of the medical report; the tribunal are far more likely to place reliance on your answers to their questions.

It would be a good idea to take a copy of the audio to the hearing but giving it to the clerk to the tribunal and asking the tribunal to listen to it would probably result in an adjournment, should they decide to listen to it. It may be best to request an adjournment at the hearing, in the unlikely event that they rely on the false claims in the medical report.

It's worth noting that although tribunals can refuse to accept evidence or listen to a recording, it would be an error of law if they do not give adequate reasons for doing so, in the statement of reasons.

Good luck,

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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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