Atos Medicals - Questions, Answers and Support
- Thread starter Zabo
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Minnie_the_Minx
someinenhhanding menbag and me ah bollox
It's just occurred to me it's Saturday, and I don't believe Saturdays are good. They've had form for 2 weeks now so should I be expecting a phone call today?
If so, besides asking fora taperecording which they'll probably refuse and asking for a doctor experienced in brain injury, is there anything else I should be asking?
If so, besides asking fora taperecording which they'll probably refuse and asking for a doctor experienced in brain injury, is there anything else I should be asking?
equationgirl
Respect my existence or expect my resistance
You could ask if the assessor will be qualified in both his two main conditions, and see what they say. Given that a single doctor is unlikely to be qualified in both, you'll either get two doctors or he won't get called for an assessment (IMO). A single doctor or nurse cannot give him a fair assessment under DWP rulesIt's just occurred to me it's Saturday, and I don't believe Saturdays are good. They've had form for 2 weeks now so should I be expecting a phone call today?
If so, besides asking fora taperecording which they'll probably refuse and asking for a doctor experienced in brain injury, is there anything else I should be asking?
equationgirl
Respect my existence or expect my resistance
They can't refuse recording. It's the right of the claimant to have the assessments recorded. Be prepared, based on the experiences of others, to phone once or twice to ensure this request has been noted on their records though.
equationgirl
Respect my existence or expect my resistance
And also the assessment centre on the day. Someone turned up at theirs having been assured that there would be recording and the centre knew nothing about it.
equationgirl
Respect my existence or expect my resistance
Wasn't there something about that recording not being admissible for the appeal though?Or just record it yourself. If you've told them you want it recorded I don't see how they can complain if you offer to do it for them.
Minnie_the_Minx
someinenhhanding menbag and me ah bollox
Yeah, can only use it for own purposes I read
equationgirl
Respect my existence or expect my resistance
Which, given most are going to appeal, you don't want anything to count against you.
Nothing to say about notes though, or 'supplementary notes'
ViolentPanda
Hardly getting over it.
She's also the person who in 1997 said she didn't go into politics to be a spokesperson for disabled people. Funny how she leapt on it when she realised it'd give her a profile.
equationgirl
Respect my existence or expect my resistance
She hasn't signed the Early Day Motion about Atos either.
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wobbly
It's just occurred to me it's Saturday, and I don't believe Saturdays are good. They've had form for 2 weeks now so should I be expecting a phone call today?
If so, besides asking fora taperecording which they'll probably refuse and asking for a doctor experienced in brain injury, is there anything else I should be asking?
is he on the lists of [eople who can't be called in for assessment?
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wobbly
ok.
we might have covered this before, but who says it isn't usable. unless the tribunal service says so, then it is potentially useful.
ViolentPanda
Hardly getting over it.
The DWP and Atos say so but, as has been said here before, no-one's really aware whether this is legislation, or bullshit from the DWP. I fully intend to take recording equipment to any Atos assessment I have, on the premise that I can't be assured that they will provide recording equipment even if I request it.
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wobbly
atos certainly don't have a fucking say in how tribunals work.
afaik, the tribunals themselves should be the only judge of what is and isn't admissable as evidence. afaik, they are still a court. and the 'judge' determines admissability of evidence. not one party to proceedings.
eta: if atos knew recordings were worthless, why have their staff been told to throw a shitfit about being recorded? and why do they make obtaining recordings difficult.
Frankie Jack
Not a bloke..
Was just wondering if you'd heard minnie. Fingers x'd it's a by straight into Support.It's just occurred to me it's Saturday, and I don't believe Saturdays are good. They've had form for 2 weeks now so should I be expecting a phone call today?
If so, besides asking fora taperecording which they'll probably refuse and asking for a doctor experienced in brain injury, is there anything else I should be asking?
ViolentPanda
Hardly getting over it.
Do you really think that'd stop the DWP trying to use consent and data protection issues around the recording of Atos staff as an excuse for having a private recording set aside?
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wobbly
they could try. but the tribunals are supposed to work according to the law.
ViolentPanda
Hardly getting over it.
Unfortunately, tribunals still err on the side of caution and refer contentious stuff upwards, which seems to have meant that we (claimants, carers etc) have no clear precedent on legality.
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wobbly
Unfortunately, tribunals still err on the side of caution and refer contentious stuff upwards, which seems to have meant that we (claimants, carers etc) have no clear precedent on legality.
i'm fairly certain that the courts would give an almost instant response of 'this is acceptable as evidence' because the courts do accept such recordings as evidence.
equationgirl
Respect my existence or expect my resistance
Do you have any examples? It would be a really helpful point to have precedents on. As atos make all employees sign the Official secrets Act even though that's not a DWP requirement, I wonder if that would make a difference in the court's thinking?
I'll have a look to see if I can find anything too.
ViolentPanda
Hardly getting over it.
In certain circumstances. For example direct recorded surveillance of criminal suspects is legislatively authorised as and when it's material to an investigation, and recorded statements from vulnerable witnesses are legislatively authorised in order to balance the scales somewhat away from defence barristers intimidating vulnerable witnesses.
There's no established precedent or legislation for recordings in the circumstances we're talking about, so we don't yet know whether such evidence will be accepted. I really wish we did know, but as yet, we don't, we can only hope.
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wobbly
afaik, covert recordings of disciplinary hearings have been accepted as evidence by employment tribunals.
ViolentPanda
Hardly getting over it.
Interesting. That might have established a precedent.
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wobbly
i wouldn't have thpought it would make a difference unless the provisions of the osa actually applyand thre's nothing that the HCP's working for atos go anywhere near that the osa applies to. and the things the osa apply to, you are bound by yhe act, whether you have been asked to sign it (signing it is simply a statement that you are aware of the principles of the act), ti's intimidatory, but won't make a real difference to the court.
Minnie_the_Minx
someinenhhanding menbag and me ah bollox
Maybe they were all sneakily watching Olympics instead.
Got it back to them on the day of the deadline (20th) so I'm sure I'll hear soon
Do they work Sundays?
equationgirl
Respect my existence or expect my resistance
If you're worried you could phone them on Monday.Maybe they were all sneakily watching Olympics instead.
Got it back to them on the day of the deadline (20th) so I'm sure I'll hear soon
Do they work Sundays?
Minnie_the_Minx
someinenhhanding menbag and me ah bollox
equationgirl
Respect my existence or expect my resistance
Sp long as you're not worrying, doll.Noooooo, I don't want to speed them up
Minnie_the_Minx
someinenhhanding menbag and me ah bollox
I am, but trying not to think about it, hence being glued to Olympics to take mind off it
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