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Submitting my phone recording to tribunal

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2 years 6 months ago #271964 by Audrey
Good afternoon,

I recorded my PIP telephone assessment without the assessors' consent, as I wasn't aware I must obtain it. When my decision letter arrived I was shocked by the amount of fabricated information it contained. I wanted to submit my phone recording with the MR, however, someone from a charity that deals with benefits advice said this is illegal.
The MR decision was the same as the one initial one, including fabricated information, and I now must appeal to the tribunal. Can I request to submit my phone recording on this occasion?

Thank you

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2 years 6 months ago #271990 by LL26
Hi Audrey,
This is not illegal! Please see the article written on B&W earlier this year.

www.benefitsandwork.co.uk/news/dwp-now-a...-their-mobile-phones

You may however wish to make a transcript for the tribunal. It is much easier for them to read than listen to a CD. Also, if you prepare a transcript, what you could is send in a copy of the CD and unedited transcript. (This is for reference so if the Tribunal do want to check accuracy they can.) Then on a copy of the transcript you could put comments in the margin, highlight with a number, and then refer to that number in a list of comments on a separate page.
eg
Note 1
at 10min 23 on CD Assessor asks - can you peel or chop vegetables?
I said 'No, my arthritic hands are too painful, I haven't been able to peel a potato for over 20 years,'
At 49.12 the Assessor has written in the box under Preparing food page 24, 'Can peel and chop vegetables without difficulty'. -This comment is clearly incorrect following my response detailed above.

Note 2
I can clearly be heard to yawn 4 times during the assessment (CD times 9 mins, 14 mins, 35 mins 39mins) At page 29, the Assessor states 'did not sound fatigued or tired.'

You could also, if you wish make a formal complaint about the Assessment if you wish. The transcript/CD/edited transcript could be used in a similar way as described above.

I hope this helps.
Good luck.

LL26

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