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Thread: PIP HOme Assesment

  1. #11
    Senior Member nukecad's Avatar
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    You have now deleted your post here but from your other thread:
    Quote Originally Posted by bacciochi View Post
    I recorded my interview on my laptop without asking their permission, I thought why should I pay for equipment that would probably only be used once, the reason I recorded the
    assessment is because these people are well known for lying, in 1998 I had an assessment for DLA and the independent Dr who did the assessment lied on his report which cost me the loss of my benefits for 12 months , Now the same thing has happened again, I received the decision on my PIP claim and was awarded the standard rate of daily living, there was also a report of what the assessor had put on her report and there were some untruths in her report, I plan to appeal this decision, so why would they not allow my recording as it would proof her lies ?
    What are they afraid of?

    Ray.
    It is not illegal to covertly record anyone, it may be illegal to use that recording.

    BUT-
    You have recorded the assessor without their permission, using equipment and methods that are specifically disallowed under benefit claim rules.

    1. As you have broken the rules for making a benefit claim then your claim could be closed. No ifs, no buts, - you knew the rules and broke them.
    2. You cannot use this recording for anything, other than your own personal note, without getting the assessor's permission to do so.

    With both those in mind you cannot submit any part of this recording, or any transcript of it, as evidence in court. The court should reject it if you try.

    But you have heard about covert recordings being used in court?
    If the court do become aware that there is a recording then they could order it to be produced, but they do not have to take any notice of it.
    This would not absolve you from breaking benefit rules, you claim could still be closed for breaking the rules.
    Plus the assessor could prosecute you for breaking data protection legislation by using it for other than your personal note.

    Why do you think we advise people not to covertly record their assessment?
    IF you do so then you risk losing all, and gain very little.


    Whether this is fair or not is besides the point, it's what the benefit rules say, and so unless/until they are changed it's what we have to work with, and what we have to advise.

    Although I suspect that in the current climate such covert recordings will be looked on more favourably, and considered by some tribunals, they still break the rules and so we cannot advise their use.

    If you want to record your assessment then do so in accordance with the rules - with agreement, using one dual or two single recorders, with the recording made on tape or CD.
    Last edited by nukecad; 03-06-2018 at 06:07 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  2. #12
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    Thank you nukecad for your in depth reply , I consider myself well and truly slapped on the hand, I intend to ask for a review by letter, do you think it would be acceptable to put down a few notes pointing out some discrepancies I found in their report with the review letter I will send to them ?

    Thanks in advance, Ray.

  3. #13
    Senior Member nukecad's Avatar
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    If you put down 'the assoessor said xxxxx but wrote something else', or 'I clearly said yyyyy which wasn't noted' without mentioning the recording then who is to know any better?

    It becomes what you can remember rather than a recording.
    (You do have a very good memory for what was said. LOL).

    Of course if you are claiming to have memory problems then that's not going to work.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  4. #14
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    Yes Nukecad I have an excellent memory lol, I shall take on board all your advice, thanks for your help,

    Ray.

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