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TOPIC: The use of recordings as evidence ESA Tribunal

The use of recordings as evidence ESA Tribunal 1 month 1 week ago #200314

Hello,

ive been reading about recent thoughts on recordings for PiP, my situation is different in that I have a legit recording made at my assessment and im wondering what the general consensus is on how useful they can be at ESA tribunal and even if its possible the Court wil refuse to accept it?

I have a rearranged Tribunal that I have waited many months for in just under 2 weeks, im reading the guides to try and prepare but my illnesses are such that im likely to not be able to put my case across effectively on the day. Im hoping to rely on the fact that the assessors report makes certain claims about question responses and how unwell/tired I was on the day that are complete lies - I can prove this by providing a recording - it was a long assessment and a friend has offered to edit it down to the relevant bits.

Could this boost my case? or should my focus be on arguing why I deserve more points only? Also previous assessments gave me more points should I also include that?

Many Thanks

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The use of recordings as evidence ESA Tribunal 1 month 1 week ago #200322

Rococo

The first thing to say is you must supply the whole recording or nothing, you cannot provide highlights, this will simply result in the recording being thrown as having been tampered with.

It is OK to provide transcribed extracts, but be aware, with the whole tape available any negative aspects on your part will be potentially exposed as well, so make sure you are happy with everything on the recording.

Whether it is worth you doing this in the first place is something you have to decide.

- How contentious is the report and does its contents significantly argue against you scoring points? Is it a matter that the panel will actually have an interest in?

- Can you make the arguments without the report. A typical appeal hearing is 40-45 minutes, can you afford the time for the recording to be heard versus the panel asking you directly about your limitations.

- The panel will make their Decision on the basis of you meeting the criteria for one. How does the recording help you show that you show that you should receive the points needed for one? It is very unlikely that your showing problems with the report will lead to an award on it's own.

Gordon
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The use of recordings as evidence ESA Tribunal 1 month 1 week ago #200490

Thanks - this is useful, the assessment was around an hour and a half so it looks like it would not be workable to submit the whole recording

- im considering submitting short transcribed extracts, im assuming a non professional transcribe is acceptable? and that I don't need to give them the whole tape? ( although having listened im generally ok with what's on there)

The report is contentious as far as im concerned, it was even changed to specifically put in that I did not appear unwell or tired at a later date, this was not in the original report, the changed report is now the 'official ' one . I only realised this when a SAR produced documents showing the changes made - the Court were not sent this admission of a change - the recording backs up how I was struggling.

I see what you are saying re the points - I feel that this transcription and pointing the Tribunal to the fact that the report was specifically changed to claim I was fine shows that I was struggling with the length of the interview and her attitude - this ties in to my mental health claims and physical claims.

Does this sound like a good idea?

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The use of recordings as evidence ESA Tribunal 1 month 1 week ago #200506

Rococo

Can I refer you back to my last post, where I said that you must submit the whole recording!!!

Any transcription must be made verbatim with the tape, it should be OK for you to do this yourself rather than your using a certified service, but it really must be word for word.

Gordon

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The use of recordings as evidence ESA Tribunal 1 month 1 week ago #200606

Yes - got it now! im Dyslexic I read it as, you could send in small written sections or the whole thing in recorded form.

Im now undecided.

Could I ask, are all MR's basically a cut and paste of 'I agree with the original decision maker' with no evidence or reason as to why? if I understand the guidance you have there should be more than that...

Thanks

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The use of recordings as evidence ESA Tribunal 1 month 1 week ago #200607

Rococo

Revision rates at MR are very low, DWP statistics suggest that only 1 in 5 reviews result in a changed Decision, based on what we see on the forum the figure is actually a lot lower.

The rate for successful appeals is currently over 60%, so providing you explain why you meet the criteria you have a reasonable chance of success.

Gordon
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