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Thread: ESA assessment

  1. #1

    ESA assessment

    Hi all

    I’m totally stressed and had a massive cry due to ESA. I’ve been called in for an assessment. I phoned to clarify that I was recording it.

    Had a 5 minute argument with some woman with her saying I wasn’t allowed to and at one point saying it was illegal.

    I poonted out that that I was in fact allowed to as long as I had 2 machines and could provide a copy of the assessment. Which I did with PIP. Again she argued I was not allowed to bring any recording equipment in.

    After arguing for ages no you can’t/yes I can. She admitted they can provide taping it but she needed to request it and get a specialist doctor to record it. And they’d contact me if they were going to allow it.

    Im really worried as the appointment is on the 23rd and it won’t be recorded.

    Is there anything I can do?

    I have both physical and mental health issues and stress causes me to do stupid things. I can’t be like this for 2 weeks

  2. #2
    There is no point in stressing about recording it recording it doesn't guarantee that the assessor won't lie and if they do and you need to do an MR and tribunal the DWP and tribunal don't listen to the recording anyway.

  3. #3
    That’s not exactly helpful.

    I can take the transcript on any assessment to a tribunal to show what was REALLY said

  4. #4
    It's a luck of the draw when phoning up their call centres. Some of them are nice, some ok, some not nice and some horrible, the one you got put through to seems horrible. The best thing to do would be to ring them up again, and confirm that your assessment will in fact be audio recorded. I would also advise phoning them in the morning, as they may be more grumpy in the afternoon. Hopefully you'll get put through to someone nicer next time. I have an ESA reassessment on the 23rd of January as well. First thing I did was call and request for it to be audio recorded, they said ok without any problems for me, I called in the morning.

    One other thing, you don't need to provide your own audio recording equipment for ESA. That's only for PIP. Although, I think they're piloting video recording for PIP, so you might not have to provide your own recording equipment for PIP, at your next reassessment. For ESA, they should provide the audio recording equipment for you. If they call you up on the day of the assessment and say something like "we can't provide any audio recording for your assessment today, would you still be happy to proceed with the assessment?", say no, and say you want the assessment to be rescheduled so it can be audio recorded. I think they're obliged by law to reschedule at a time when they can provide the audio recording equipment. I have only been to one ESA reassessment so far, it was audio recorded, and it was successful, because I was allowed to stay in the support group. I strongly believe that getting your ESA assessment audio recorded, is crucial to making sure the assessor records accurately what you say.

    I would strongly advise watching the following videos about how to prepare yourself for the ESA assessment. They helped me a lot at my last reassessment. The videos were recorded like 2-4yrs ago, but his advice is still good today in my opinion. Good luck at your assessment.

    https://youtu.be/Zf2Zd7Gd0yQ
    https://youtu.be/jf48jssNiSk
    https://youtu.be/DaTymGtQfJc

  5. #5
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Fight4Justice View Post
    I think they're obliged by law to reschedule at a time when they can provide the audio recording equipment.
    That's not correct, there is no law (yet) stating that you have the right to have your assessment recorded.

    They do try to accomodate requests for audio recording of WCAs, but if they don't have the equipment available, or it's not working, or the assessor refuses to be recorded then you are expected to go ahead with the WCA anyway.

    You can take your own audio recording equipment to a WCA, but it had to comply with the rules about 2 tapes/CDs, etc. just like a PIP assessment, and you must have their permission first.

    The assessor has the general right in law, just as everyone else has, not to be recorded if they don't want to be.
    Everybody has that right under privacy laws.

    If the recording cannot be done, for whatever reason, then you are expected to go ahead with the assessment, if you refuse then it can/will be deemed a 'Failure to Comply' with the assessment and your benefit can be stopped.
    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.

  6. #6
    That’s why I phoned them to confirm that I wanted to record it and to give them notice. She told me it was illegal for me to record it. I quoted this from the DWP’s own website

    You may be allowed to use your own recording equipment providing you give DWP/Atos notice and it meets DWP/Atos Healthcare requirements. This includes providing two copies of the recording in such a way to ensure that the recording has not been tampered with and is a reliable and accurate record of the assessment.

    I Stated I had two tape recorders and could provide copies to both myself and the assessor of the taped meeting and she still told me it was illegal and THEY must record it and get a special doctor to do the recording!! Which is total lies.

    My last assessment I was kept on support group as well but that wasn’t recorded it was because I had just won my pip.

  7. #7
    Quote Originally Posted by nukecad View Post
    If the recording cannot be done, for whatever reason, then you are expected to go ahead with the assessment, if you refuse then it can/will be deemed a 'Failure to Comply' with the assessment and your benefit can be stopped.
    Ah ok, sorry, I didn't know that. I guess I was lucky last time they did it for me. I personally feel that it's disgusting that they can deny you an audio recording, because what's to stop them from lying through their teeth? As I'm sure some of them do. It will just be he said, she said, without an audio recording.

  8. #8
    Quote Originally Posted by Fight4Justice View Post
    Ah ok, sorry, I didn't know that. I guess I was lucky last time they did it for me. I personally feel that it's disgusting that they can deny you an audio recording, because what's to stop them from lying through their teeth? As I'm sure some of them do. It will just be he said, she said, without an audio recording.
    Exactly!! The lies they tell are atrocious. One said I’d walked the 4 miles from my house to the assessment even though I have a bad back, hip, knee and foot.

    My last one I refused to answer any more questions when telling the ‘assessor’ I didn’t go out shopping he asked where did I buy my knickers then?!

    I know it sounds ridiculous but I much prefer PIP assessments than ESA

  9. #9
    Quote Originally Posted by Charliebar84 View Post
    Exactly!! The lies they tell are atrocious. One said I’d walked the 4 miles from my house to the assessment even though I have a bad back, hip, knee and foot.

    My last one I refused to answer any more questions when telling the ‘assessor’ I didn’t go out shopping he asked where did I buy my knickers then?!

    I know it sounds ridiculous but I much prefer PIP assessments than ESA
    Yes it's not fair. Just got to hope they allow the audio recording.

    I've been through the tribunal process twice with PIP, winning both times at the tribunal. I haven't had problems with ESA yet. I think it's worth bringing up that you're in receipt of PIP at the ESA assessment. I did that my last ESA reassessment, I don't know if it helped me or not. But I did get the result I wanted i.e. staying in the support group. I think the fact that my last reassessment was audio recorded, was the key reason for my success. I don't know this for sure though.

    If worse comes to worse and they don't allow the audio recording. And you then fail the assessment because the assessor lied. It's best to just go through the process and not give up. My understanding is they don't give you any ESA benefit during the one month Mandatory Reconsideration (MR) phase. But you will start receiving the assessment rate if you then go to tribunal after failing the MR. You should also still be able to receive the Enhanced Disability Premium, and Severe Disability Premium on top of the ESA assessment rate, if you're eligible for them, whilst waiting for your tribunal. I hope neither of us have to go through this. But I'm prepared to fight them all the way to tribunal if I need to.

  10. #10
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Charliebar84 View Post
    My last one I refused to answer any more questions when telling the ‘assessor’ I didn’t go out shopping he asked where did I buy my knickers then?!
    Simples, "online".

    Of course that then says that you are computer/internet literate and can handle your own finances.

    So maybe "I don't, would you like to check" should get them backing off.
    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.

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