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Is it ok to quote from a covert recording for a MR
- Daniel Dutton
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4 years 4 months ago #254310 by Daniel Dutton
Is it ok to quote from a covert recording for a MR was created by Daniel Dutton
I had a PIP telephone assessment with Capita. It was completed over the telephone because of coronavirus and lasted 41 minutes. I decided to covertly record it using my mobile phone and did not advise them as such.
6 weeks later, I received my decision letter and scored 0 points. I was somewhat taken aback. The assessor has lied in several places and this can be proven as per the recording. I have now been told that I must submit a mandatory reconsideration if I am not happy with the decision.
Having googled about, I understand the pitfalls of taking a covert recording and that it may not be submittable at a tribunal. Most of my searches though highlight that if caught, I will get in trouble with the health assessor. Not much is mentioned about the DWP. Am I safe to quote from the recording in my Mandatory reconsideration letter, or will the DWP be as strict as ATOS / Capita etc and immediately terminate my claim? Has anybody quoted from a covert recording in a Mandatory Reconsideration and had no problems? I did try to arrange an official recording but was told by Capita that they don’t currently cater for them. Alternatively, would it be better to keep quiet for now and claim that I had merely taken notes?
Thank you.
6 weeks later, I received my decision letter and scored 0 points. I was somewhat taken aback. The assessor has lied in several places and this can be proven as per the recording. I have now been told that I must submit a mandatory reconsideration if I am not happy with the decision.
Having googled about, I understand the pitfalls of taking a covert recording and that it may not be submittable at a tribunal. Most of my searches though highlight that if caught, I will get in trouble with the health assessor. Not much is mentioned about the DWP. Am I safe to quote from the recording in my Mandatory reconsideration letter, or will the DWP be as strict as ATOS / Capita etc and immediately terminate my claim? Has anybody quoted from a covert recording in a Mandatory Reconsideration and had no problems? I did try to arrange an official recording but was told by Capita that they don’t currently cater for them. Alternatively, would it be better to keep quiet for now and claim that I had merely taken notes?
Thank you.
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- Gary
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4 years 4 months ago #254314 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Is it ok to quote from a covert recording for a MR
Hi DD
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
In your post you say you have a decision letter, have you contacted the DWP for a copy of the assessors report? You do need a copy of this if you apply for a MR.
You can use your recording as a dictaphone, it is not illegal. You can raise comments about any missed information when you complete your MR, that is not on the assessors report but on your recording.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, this is where you can use your recording.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
In your post you say you have a decision letter, have you contacted the DWP for a copy of the assessors report? You do need a copy of this if you apply for a MR.
You can use your recording as a dictaphone, it is not illegal. You can raise comments about any missed information when you complete your MR, that is not on the assessors report but on your recording.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, this is where you can use your recording.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Daniel Dutton
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4 years 4 months ago #254319 by Daniel Dutton
Replied by Daniel Dutton on topic Is it ok to quote from a covert recording for a MR
Hi Gary
Thank you very much for your reply. Your points have been duly noted.
I will return here further once I have a copy of the HR report. I will be asking for said copy today.
Just as a side note though, I appreciate the assessor is just offering an opinion but yes, they have either ignored what I have said for an activity and claimed that I stated I was fine performing said activity or they have out and out lied. I have Autism and claimed I will see my Dr alone everynow and then but will still feel anxious, but I'm ok as he knows my condition. In the decision letter, 'Dr' has been swapped out with 'Shopkeeper'. Apparently I stop for jolly old chats with them pretty regular.
Anyway. Thanks again. I will return when I have a copy of the HP report.
Thank you very much for your reply. Your points have been duly noted.
I will return here further once I have a copy of the HR report. I will be asking for said copy today.
Just as a side note though, I appreciate the assessor is just offering an opinion but yes, they have either ignored what I have said for an activity and claimed that I stated I was fine performing said activity or they have out and out lied. I have Autism and claimed I will see my Dr alone everynow and then but will still feel anxious, but I'm ok as he knows my condition. In the decision letter, 'Dr' has been swapped out with 'Shopkeeper'. Apparently I stop for jolly old chats with them pretty regular.
Anyway. Thanks again. I will return when I have a copy of the HP report.
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- Gary
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4 years 4 months ago #254325 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Is it ok to quote from a covert recording for a MR
Hi DD
That is why you need a copy of the assessors report.
When you get the report, you need to go through it line by line with a highlight pen, highlight everything you disagree with, once you go through the report then you can set out your MR and set out what is wrong with the report such as saying shopkeeper and not Dr, if you sent in supporting documents in regards to your condition, refer to them in your MR.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Good luck
Gary
That is why you need a copy of the assessors report.
When you get the report, you need to go through it line by line with a highlight pen, highlight everything you disagree with, once you go through the report then you can set out your MR and set out what is wrong with the report such as saying shopkeeper and not Dr, if you sent in supporting documents in regards to your condition, refer to them in your MR.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Good luck
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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