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record my medical

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11 years 9 months ago #87623 by carruthers
Replied by carruthers on topic Re:record my medical
I think there used to be a letter on this forum, but that was before ATOS/DWP openly conceded the point about recording assessment, so that letter would not be appropriate now.

Now I would just contact the local office, and say that would like to have your assessment recorded. That should be it. I would telephone first, to give them the maximum amount of time, and then follow it up with a letter (quoting your name DOB, reference number etc) saying simply, "I wish to have my WCA recorded."

You should be aware, however, that they do like to have notice (I can't remember if it is 2 or 3 weeks) and if you leave it to the last minute then you may be told that you've left it too late.

As Gordon pointed out, however, if you tell them this late, they may have to re-schedule and that will be your one "spare" appointment. After that neither your wife's funeral nor a major heart attack are likely to be acceptable as reasons for not turning up.

For this reason, I believe that people should ask for a recorded WCA at the time of sending in the original form.

There is another factor, which anyone applying for a recorded medical should bear in mind. There are, ATOS says, only 17 machines in the entire country (UK, presumably, since Scotland too is cursed with the WCA - for the moment!) and they have to call up a machine which is unlikely to be in the centre you attend.

I believe they also have to clear the recording with the person supposed to be doing the assessment, who is entitled to object.

All of this means that you may have to wait several weeks more to get your assessment recorded.

I believe that this wait is worth while in most circumstances. Gordon points out that such recordings have yet to be tested at a tribunal. I believe that this is not happenstance.

The examining HCP knows that everything is being recorded. They are all under a lot of pressure to get through as many appointments as possible in any given session. There must be a substantial temptation to save a little time by skipping a few steps, but marking them on the computer as having been done. We have read complaints on this several times on this forum.

If the HCP knows this, and other bits of sloppiness or even untruthfulness, can be demonstrated then they are more likely to stick to the letter of the rules.
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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 9 months ago #87626 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:record my medical
Since I've retired as a WRO in 2005, I only now deal with DLA/AA and the new Personal Independence Payment (PIP) when it's introduced between 2013-2016 for 16-64 year olds.

I have been present recently at a DLA claimant's home when the medical assessment was carried out by an ATOS doctor. A 'technician' also attended with a fairly simple tape recorder with a twin deck. The assessment was recorded on one deck, then when completed dubbed on a blank tape, and the tabs broken to prevent re-recording by accident.

The doctor kept one copy, and the other was handed to the claimant. Both had ATOS labels on the tape

Both the doctor and the claimant signed that they agreed to the medical being recorded, and that was it.

Just to pick up on your point regarding on rescheduling a medical. A funeral of a close family member or as you stated having a major heart attack would from my experience be sufficient grounds for not being able to attend a medical.

Over the years, I've sat in as an 'observer' or 'note taker' for numerous medicals for Incapacity Benefit, Disability Living Allowance & Attendance Allowance, and the vast majority were conducted fairly.

We tend to get more members posting about their bad experiences, although some members do kindly return and tell us about their good experience.

Regretfully, as in all professions, a small minority of ATOS Health Care Professionals
don't do a very good job, so many claimants are fearful about their assessment when on most occasions all goes well.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 9 months ago - 11 years 9 months ago #87650 by Crazydiamond
Replied by Crazydiamond on topic Re:record my medical
Jim Allison wrote:

Over the years, I've sat in as an 'observer' or 'note taker' for numerous medicals for Incapacity Benefit, Disability Living Allowance & Attendance Allowance, and the vast majority were conducted fairly.


I would agree that Incapacity Benefit medicals (the only ones of which I have had experience) on the whole were conducted fairly, and all the evidence that was presented by members in the forum would generally support that view.

It would seem that following the inception of ESA the same cannot be said about the work capability assessment. Unfortunately, all the evidence does in fact point to the contrary position both within this forum and also the bad publicity that seems to emanate from numerous organisations, the press and other sources, particularly the recent developments as mentioned in the benefit news section from the British Medical Association (BMA).

Indeed, I have recently been approached by two service users from Mind who both failed the WCA on transfer from IB and were seeking advice on appeals. Both these service users had made mention of the fact that being found fit for work when in their opinion they were not able to seek work, had seriously exacerbated their mental health problems. The most salient point which appears to be a common theme with ESA, was that having sent for a copy of their medical assessment report it bore no resemblance to what actually was said at the assessment to the approved disability analyst.

I can only recall one member who wished to have an IB personal capability assessment recorded during my time as a member, whereas the desire to (officially) have a work capability assessment recorded much to the chagrin of Atos is now commonplace, and quite rightly so where a claimant's integrity may be brought into question by Atos and/or the DWP.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by Crazydiamond.
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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 9 months ago #87663 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:record my medical
This thread has now been locked, as all posts on this subject can be found in the Spotlights area of the forum.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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