- Posts: 51290
× Members
ESA Medical Question
- B3th56
- Topic Author
13 years 4 months ago #61716 by B3th56
ESA Medical Question was created by B3th56
I followed your very helpful guides when filling in my husbands claim form and am currently going through your guide for the medical.
You state that I can take notes in the medical but I would like to know if I can use a tape recorder, to have a copy of what's said at the medical.
You also said on the website that the interviewer should read the form I filled in prior to the medical, is this a legal requirement please?
They should be aware of my husband complaints and limitations, before the medical. As I not only filled in nearly every box on the form but also wrote numerous extra pages, detailing how his illnesses affect his daily life.
Many thanks
You state that I can take notes in the medical but I would like to know if I can use a tape recorder, to have a copy of what's said at the medical.
You also said on the website that the interviewer should read the form I filled in prior to the medical, is this a legal requirement please?
They should be aware of my husband complaints and limitations, before the medical. As I not only filled in nearly every box on the form but also wrote numerous extra pages, detailing how his illnesses affect his daily life.
Many thanks
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
13 years 4 months ago #61728 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Medical Question
B3th56
It is perfectly acceptable for you to take notes during the medical, ATOS cannot stop you and there is no requirement for you to sign a disclaimer as has been suggested in other posts.
You cannot overtly record the medical without the prior consent of ATOS and the ATOS examiner, you will also be required to meet ATOS's requirements for recording equipment at your own expense.
You can legally, covertly record the medical, however, you need to be aware that should the ATOS exmainer realise what you are doing, they have instructions to terminate the examination immediately, and this may be regarded as a failure to attend which could lead to sanctions.
The ATOS examiner has instructions to read the ESA50 and any other documents attached, if on the day, you find this is not the case, it would be reason to lodge a complaint with ATOS.
Hope this explains everything.
Gordon
It is perfectly acceptable for you to take notes during the medical, ATOS cannot stop you and there is no requirement for you to sign a disclaimer as has been suggested in other posts.
You cannot overtly record the medical without the prior consent of ATOS and the ATOS examiner, you will also be required to meet ATOS's requirements for recording equipment at your own expense.
You can legally, covertly record the medical, however, you need to be aware that should the ATOS exmainer realise what you are doing, they have instructions to terminate the examination immediately, and this may be regarded as a failure to attend which could lead to sanctions.
The ATOS examiner has instructions to read the ESA50 and any other documents attached, if on the day, you find this is not the case, it would be reason to lodge a complaint with ATOS.
Hope this explains everything.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- B3th56
- Topic Author
13 years 4 months ago #61762 by B3th56
Replied by B3th56 on topic Re:ESA Medical Question
Thank you so much for your quick and informative reply.
Much appreciated.
Much appreciated.
Please Log in or Create an account to join the conversation.
- Andy
13 years 4 months ago #61773 by Andy
Replied by Andy on topic Re:ESA Medical Question
B3th56 wrote:
My advice would be to make sure YOU bring up each and every aspect that you believe qualify you for points. Don't be afraid to repeat what's on the form.
I personally secretly recorded because I'd heard how inaccurate these ATOS reports are. I'm glad I did because when it came, my recording confirmed my memory of what had actually been said versus the rubbish in the report. You can't use a recording as evidence, but it makes you more confident in refuting the innacuracies.
Good luck,
Andy.
So
The nurse who did my "assessment" said she had read my ESA50 just before the interview, however she did not refer to anything in it apart from the name of my condition! She failed to ask for clarification on any of the things I'd described which might have qualified me for points. And she then proceeded to award zero points.You also said on the website that the interviewer should read the form I filled in prior to the medical, is this a legal requirement please? ... They should be aware of my husband complaints and limitations, before the medical. As I not only filled in nearly every box on the form but also wrote numerous extra pages, detailing how his illnesses affect his daily life.
My advice would be to make sure YOU bring up each and every aspect that you believe qualify you for points. Don't be afraid to repeat what's on the form.
I personally secretly recorded because I'd heard how inaccurate these ATOS reports are. I'm glad I did because when it came, my recording confirmed my memory of what had actually been said versus the rubbish in the report. You can't use a recording as evidence, but it makes you more confident in refuting the innacuracies.
Good luck,
Andy.
So
Please Log in or Create an account to join the conversation.
- Lichtgestalt
- Offline
Less More
- Posts: 6
13 years 4 months ago #61828 by Lichtgestalt
Replied by Lichtgestalt on topic Re:ESA Medical Question
Is it OK to wear a wire and broadcast to a third party off-site without actually recording? This might have some value.
Please Log in or Create an account to join the conversation.
- J The Divine B
- Offline
Less More
- Posts: 44
13 years 4 months ago #61921 by J The Divine B
Replied by J The Divine B on topic Re:ESA Medical Question
One's experience at medical to take notes was that the disclaimer [which was unexpected] was stated as necessary to be read out and signed at the end. Signing was to bind one not to share the notes information with others.
Gordon now has made clear that you do not have to submit to this treatment. Naturally ATOS HCPs will continue to try it on with inexperienced claimants. In future I will refuse to sign.
Gordon now has made clear that you do not have to submit to this treatment. Naturally ATOS HCPs will continue to try it on with inexperienced claimants. In future I will refuse to sign.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David