Demand your Atos assessment is recorded

I'm not trying to dissuade anybody from pursuing this option, in fact I would encourage it

However, I can only repeat what I said earlier, I only know of three claimants (in the last two years), who have successfully negotiated their way through the minefield the DWP and ATOS have laid out in this area.

I'd also comment that I have had FOI responses from the DWP which were clearly at odds with evidence in the public domain, and which were subsequently changed when challenged.

Good luck and if you are successful please come back and let us know.

Gordon

fedup90 wrote:

So should someone appealing and who secretly recorded the Atos medical, send a transcript and a tape of the actual recording to the appeal tribunial?

You are asking a question which has potential legal implications that I am not sure that B&W are are in a position to advise on.

Issues you need to consider are;

- whether the "doctor" or ATOS will take action against you for disclosing the contents of the recording. It is probably very unlikely that they will but the possibility exists.

- will the Tribunal accept your transcript and recording as evidence, they are not obliged to do so, but you may be able to argue that in the cause of Natural Justice it should be accepted.

- the full recording, and transcript thereof, must be submitted, is there content within that which is actually to your disadvantage. Just as you may choose "soundbites" that support your case, the DWP may also choose them to support theirs.

- It is unusual for the DWP to represent their case at a Tribunal although it does happen. Would you make it more likely that this would happen, and as a result, increase the opposition to your case.

I am sure there are other factors and I would certainly recommend you get independant face to face advice before doing this.

Gordon