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Referring to transcript of phone assessment

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4 years 1 month ago #256735 by Claire
Hi. I had my PIP phone reassessment a number of weeks ago. I was awarded enhanced daily living and lower rate mobility. While this is better than it could have been, I very clearly meet the descriptor "cannot follow the route of a familiar journey unaccompanied".which is 12 points I have panic disorder and bipolar disorder and I just do not leave the house on my own.

I knew it would be difficult to get my point across regarding this so I was very clear about what I said. Previously they have said I cannot leave the house at all due to overwhelming distress, which is not true and carries fewer points. As I anticipated they gave me this descriptor again which is still untrue and means I'm still on the lower award.

I asked for a mandatory reconsideration and they have stuck with this descriptor and said that during my phonecall I said I cannot leave the house on the majority of days. I know for a fact that this is untrue as I recorded the phonecall and have a recording and a transcript. I never said this.

My question is, now that I am appealing to the tribunal, should I reference this recording or my transcript. I feel that it's a way to prove that they have misinterpreted what was said, but at the same time I know I was technically not supposed to record it. (they have also said other things which are untrue but don't affect my mobility award). Should I just say that I took notes?.. although this doesn't seem as impactful as proving them wrong via recording.

Any opinions would be much appreciated

Claire

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4 years 1 month ago #256737 by BIS
Hi Claire

You can be open about the recording and you can submit a transcript of the entire recording. You don't want to lie and say you took notes if you didn't.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 1 month ago #256748 by Claire
Replied by Claire on topic Referring to transcript of phone assessment
Ok, I'm just a bit worried that they will use this against me or my character for breaking their rules. They didn't specifically say to me during the phone call that I couldn't record, but I think a previously letter said it wasn't permitted.

So you feel that it is ok to provide a copy of the transcript along with my request for appeal to the tribunal? And state in my form to the tribunal that the call was recorded and I have a transcript?

Thank you so much for your help and all the support you provide via this site. I'm sure I wouldn't even have the award I have without your help.

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4 years 1 month ago - 4 years 1 month ago #256755 by Gary
Hi Claire

You can legally record a telephone call without informing the other party providing the recording is being made for your personal use. In fact, do not tell the assessor that they are being recorded as they will likely terminate the assessment. We suggest that people make covert recordings for their own record and that can be done in any method available to you.

It would be appropriate to either get a transcript done, or copies of the CD, to serve as additional evidence.

What you are not allowed to do is record a Tribunal.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 1 month ago by Gary.

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