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Can I refuse WCA if no recording equipment?
- rkperry000@gmail.com
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9 years 4 months ago #150421 by rkperry000@gmail.com
Can I refuse WCA if no recording equipment? was created by rkperry000@gmail.com
Hi. In my ESA50 I stated I wanted my WCA recording. I've since arranged it in the on the phone and await a letter to confirm it. My WCA is the day after tomorrow, so I might not receive their letter in time. If the recording equipment isn't available on the day, will I harm my case if I refuse to go ahead? I've heard of people refusing under Atos but I don't know about Maximus.
Thank you.
Thank you.
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- Gordon
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9 years 4 months ago - 9 years 4 months ago #150424 by Gordon
You have no legal right to require that the assessment is recorded, their doing so is purely a curtesy, so if you refuse on the day because it is not, then this will be counted as you refusing to participate in the assessment.
You should be given a second chance to attend, but we are aware of claimants who have refused to participate, who have had their files returned to the DWP on the first occasion, which can lead to your claim being closed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Can I refuse WCA if no recording equipment?
Rach wrote: Hi. In my ESA50 I stated I wanted my WCA recording. I've since arranged it in the on the phone and await a letter to confirm it. My WCA is the day after tomorrow, so I might not receive their letter in time. If the recording equipment isn't available on the day, will I harm my case if I refuse to go ahead? I've heard of people refusing under Atos but I don't know about Maximus.
Thank you.
You have no legal right to require that the assessment is recorded, their doing so is purely a curtesy, so if you refuse on the day because it is not, then this will be counted as you refusing to participate in the assessment.
You should be given a second chance to attend, but we are aware of claimants who have refused to participate, who have had their files returned to the DWP on the first occasion, which can lead to your claim being closed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 4 months ago by Gordon.
The following user(s) said Thank You: rkperry000@gmail.com
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- Triumph62
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9 years 4 months ago #150450 by Triumph62
Replied by Triumph62 on topic Can I refuse WCA if no recording equipment?
The downloadable guide Physical WCA June 15 has a section on this subject. The impression I formed by reading it was that if you present a written assertion that you will insist on a recorded assessment prior to the appointment then it is likely that you will be able to successfully request a new appointment. As Gordon replied though, there is no guarantee that you would be treated fairly and your legal 'right' to a recorded assessment is nothing more than the promises of a government minister, from several years ago.
In 2013 I successfully rebooked a recorded assessment 4 times before I was finally able to be assessed. I attended the assessment centre twice when no equipment was present, once when no appointment was on record at all, and once when they were running over 1 hour late and I could not wait that long. On all but the last occasion I was able to rebook with the regional office for a new appointment without problem. The last time I had to make a formal complaint because of blatant rule breaking by the receptionist which resulted in a written apology from ATOS and I finally had a recorded assessment and was placed in Support Group.
Prepare well, be firmly assertive, and remain polite at all times. I wish you success.
In 2013 I successfully rebooked a recorded assessment 4 times before I was finally able to be assessed. I attended the assessment centre twice when no equipment was present, once when no appointment was on record at all, and once when they were running over 1 hour late and I could not wait that long. On all but the last occasion I was able to rebook with the regional office for a new appointment without problem. The last time I had to make a formal complaint because of blatant rule breaking by the receptionist which resulted in a written apology from ATOS and I finally had a recorded assessment and was placed in Support Group.
Prepare well, be firmly assertive, and remain polite at all times. I wish you success.
The following user(s) said Thank You: rkperry000@gmail.com
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