be aware !

bigbird wrote: i recently attended a medical for entry into the support group i had requested my medical to be recorded as per your lette rbut also i stated one of the reasons i wanted this was because my speech empediment which is classed as a disability for the purposes of the disability discrimination act and when i am worked up or anxious i tend not to take things in properly when asked stuff and i was gona use the tape to go over what i was asked and what i said when i got home,and i also stated i could put things right if i thought anything i said was wrong or missunderstood,,i put the tape on and was horrified to find it was totally blank and nothing had been recorded on it,what would my options should my pending decision now go against me,should i write to the dwp and request the doctors report now or wait?could i request another medical ? after reading the descriptors on the support group and reading the help on this brilliant site i know what i said during my medical was true correct and rightabout how my illness affects me and fit what the descriptors said,just say i did make my own recording of my medical could this be used in evidence if the report does not contain what i said regards bigbird

You can try contacting the DWP and asking that they make a copy from their tape of the assessment, however, if your tape was blank, I think there is a good chance that theirs will be as well.

We are no further forward with the use of recordings at an appeal than we were before ATOS started providing the service, as we know of only one appeal where the panel have requested to hear the recording, and have had no further feedback as to whether this happened.

There is no legal reason why your own recording cannot be used, however, it is at the discretion of the panel to allow it or not. This does not stop you providing excerpts from the assessment in writing, to be used as evdence in your case, or providing a copy of your "tape" for inclusion in your submission.

You can request the ATOS report at any time by phoning your local DWP office, although we recommend confirming the request in writing.

Gordon

bigbird wrote: thanks gordon one final question,would it be worth mentioning in my letter asking for the report,that if i do not agree with what is written,after not recieving my promised recording,that i will be requesting a further medical,until i have recieved a recording,i also believe that failure to provide me with a recording could be grounds for disability discrimination against myself regards bigbird

You can only request a new assessment if it can be shown that the original one was not fit for purpose, claimants have no legal right to insist that their assessment is recorded, so the fact that yours may not have actually been recorded, does not consitute good cause for reuqesting a new assessment.

Gordon