Re appointments and recording

[45002]

I have just tried it in my home media cd player, and there is a 58.00 minute file of just stuttering, and no discernible audio.

 

PS: Just noticed this post, sound like dodge recording equipment or disk is damaged some how !

 

If you search on the web for

 

"damaged cd recovery"

 

There a lot of free or trial software around that could help in recovery or just ring ATOS and see if they will send you a copy.

 

That's if there disk is not Damaged ...

[**Margaret**]

:avalon60:

 

I'm going to offer a rather simpler approach to this non playability.

 

Although Atos/Work n Pensions are unlikely to care if you can't listen to your compact disc cos of their errors/faulty equipment, the format isn't deliberately chosen so a claimant can't listen to the recording. On the contrary, they put a lot of effort into avoiding computer type recordings of assessments.

 

The disc you signed for should be an ordinary audio compact disc that you can play in an equally ordinary compact disc player, without a computer in sight. If you can't listen to it using a normal player, either the machine Atos used was faulty or they used the wrong type of disc. Between the machines getting damaged by couriers, and Atos receptionists running to the nearest electrical superstore for the discs, both are very common occurrences.

 

For your reassurance about what was discussed during your assessment, I'd like to think you've got a disc that you can listen to. But if not, there's nothing you can do except add the issue to your list of complaints.

 

Margaret.

 

Via alternative logic :antone:'s way ahead of me.

[rebel11]

Hi avalon

 

Remember they would also have a master copy, give them a ring, get them to send it to you.

ATOS even say they have to get Doctors/HCP trained in operating the equipment to do the Recorded Assessments.

 

(I did say in post 2 to make sure their equipment is working, not to worry ask them for a copy after they've tested it)

[**Margaret**]

:avalon60:

 

Unfortunately, it's easier said than done to check that an audio recorder's working in an already stressful situation, and Atos aren't known for co-operation with the idea.

 

If you want to try :rebel11:'s suggestion, it needs a written request to your benefit delivery centre. The logistics are that Atos have to retrieve their copy from secure storage in Leeds, check it, copy it if possible, then send the copy to you via Jobcentreplus. Realistically, their copy won't work either cos the chances of only one incompatible/faulty disc are pretty slim. Unfairly, this is an ongoing issue that neither Atos nor Work n Pensions want to address.

 

Whether or not you try to retrieve a playable disc, best plan B is for you (and a chaperone if you had one) to write down as much as you can remember of what was said and done during the assessment.

 

Best wishes, Margaret.

[rebel11]

Hi avalon60

 

To get a potential CD of your assessment, write a Formal Letter of Complaint, mark it as such. In the Subject field write the name of the Delivery Centre dealing with your claim. Explain what's happened, how they have let you down and what you want them to do about it.

 

Send it to :- contact-us@jobcentreplus.gsi.gov.uk

 

Hi Margaret

 

I think you tell them to stop after a few minutes. Ask them to play the Recording, they can facilitate that without any problems. If it doesn't work the assessment doesn't proceed. Otherwise what's the point for a Recorded Assessment.

[avalon60]

I use VLC great piece of Free software and would have automatic recognises the format used to record.

 

The disk could have become damaged/corrupted or nothing been recorded on the disk

 

Yes, they were my thoughts as well.

 

Oh well, c'est la vie.

[45002]

I use VLC great piece of Free software and would have automatic recognises the format used to record.

 

The disk could have become damaged/corrupted or nothing been recorded on the disk

 

Yes, they were my thoughts as well.

 

Oh well, c'est la vie.

 

You could always ask on VLC own https://forum.videolan.org/ more people in the know post there, that's If you want to try "damaged cd recovery" idea or something else !

 

Good luck

[avalon60]

Yes I also use vlc, as I said, but I did try it on my home media cd player and there was no discernible sound, only a stuttering sound.

 

I will send another Letter of Complaint as suggested above.

[avalon60]

After sending the letter of complaint about the audio recording disc etc, all I received back was a letter of apology, nothing more.

 

I had a phone call from the local Benefit Center, I think, where I was asked if I could answer a few more questions on my capabilities. My wife was sitting next to me, and she was taking notes and writing any important information I was given.

I could not hold the phone properly and had to put it down and on loudspeaker. I told the person on the phone what I had done, as well as telling her that my condition was getting worse etc etc.

 

Anyway, today I received a letter from my local Benefit Center which has awarded me 0 points in every category, which tells me that they have completely ignored what I have told them.

I then rang the number given in the letter, and told the person whom I spoke to that I wanted to appeal, but was told that it has to go to Mandatory Consideration something or other before an appeal can be made.

So I went through some of the categories and told the person that I either was not asked about that particular task or they have completely ignored what I did tell them.

 

What annoys me most is that I have no proof of what I said at the assesment, which is why I wanted a recording of it, and convenient for Atos and the Benefit Center that it did not work or come out.

 

Now, after initiating an appeal, I am not so sure that I should just have contacted the Job Center, as was one of the options I could do if not having either 0 or not enough points.

[**Margaret**]

:avalon60:

 

If it can go wrong ...... Specially when Atos are involved.

 

The first phone call you mentioned in #34 would have been from a decision maker at your benefit delivery centre. They sometimes call to ensure there's no more evidence to be had that may change a decision to disallow.

 

Your next priority is a written request for something called a mandatory reconsideration. Asking Jobcentreplus to 'look at the decision again'. You can't lodge an appeal against disallowance until they've done so. Yes, you've had a chat with someone in the contact centre, but as Jobcentreplus often 'lose' phone calls, the safest option is a written request (via recorded delivery) to reach Jobcentreplus within one month of the date on the decision letter.

 

Apologies if you already know the criteria for an award of employment n support, but in case you don't, it's important to understand that entitlement depends on the ability to perform, or not, prescribed activities that are relevant to the workplace.

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

Exceptional/special circumstances at pages 10 - 12.

 

Descriptors at pages 18 - 28.

 

I don't know much about neurological conditions (seems the nurse didn't either ) but say, for example, a stroke affects ability to walk/wheel 100m cos of partial paralysis, your request for reconsideration might read;

 

Since my stroke I can't repeatedly walk/wheel 100m within a reasonable time as I have to keep stopping to get my balance. Cos the nearest bus stop is half a mile away, a friend has time off work to take me to physiotherapy appointments.

 

And so on for each descriptor you meet. Enclose copies of any medical evidence you've already got, but don't let waiting for evidence cause you to miss the deadline. A copy of the ESA85 report, which you may want to refute, should be available on request for the cost of a phone call to the number on the ESA65 decision notice.

 

https://www.gov.uk/appeal-benefit/decisions-made-on-after-28-october-2013

 

The only reason to contact the Jobcentre would be to make a claim for jobseekers allowance.

 

Sincerely, Margaret.

[avalon60]

Regarding the Mandatory Consideration thing, the person I spoke to this morning said she was writing/typing it as I was telling her about my disability getting worse etc. She also told me that she was going to send the given information to someone else, I can't recall who or what title now, and I have to wait for some appeal form or letter to be sent to me.

 

I will send a letter to the Job Center as well.

 

Thanks for the link regarding assessments , I have now book marked.

This bit here applies to me, but not according to the assessor nor desicion maker:

 

if a claimant cannot mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion,this by itself would score 6points. However, if they also had difficulties with ‘Manual dexterity’such as “cannot use a pen or pencil to make a meaningful mark”, this would score an additional 9 points. If aclaimant is awarded a score of 15 or more points, they will have limited capability for work and be entitled to Employment and Support Allowance

 

I will send a recorded delivery letter to the Job Center together with any medical evidence

 

Thanks

[**Margaret**]

:avalon60:

 

The lady you spoke to this morning was working in a Jobcentreplus contact centre. Personnel in contact centres receive all the phone enquiries, then send them to the correct office of Jobcentreplus to be dealt with. In theory everything you said this morning will be passed to a different decision maker at your benefit delivery centre for a second opinion as to your entitlement.

 

More chance of your letter getting to the right place if you send it to the address on the decision letter rather than a Jobcentre.

 

'...... some appeal form or letter ......'

 

Either an award letter, if the decision's revised, or two copies of a mandatory reconsideration notice. One for you and one to be enclosed with an SSCS1 appeal form to the Tribunals Service.

 

Margaret.

[avalon60]

I received another letter yesterday, dated 24th March, which is the same date on which I received the first letter telling me I had scored 0 points.

This second letter states that they have looked at my claim again following a recent change

further stating that 'we cannot pay you ESA from 24 March 2014.

 

So how can they have already looked at my claim again before the received the letter from me asking for the Mandatory Reconsideration, and also my Appeal. How does that work, are just bog standard letters that they send out regardless of each individual's circumstances..

 

That beats cock fight as we used to say!

[rebel11]

Hi avalon60

 

That is confusing. You received a letter dated 24th March stating you received '0' points. You received a call on the 25th March asking you for information on your disability. Yesterday, 28th March you received a letter dated 24th March stating, 'we have looked at your claim again, we cannot pay you ESA from 24th March'. You couldn't make it up. This needs pointing out to the DWP.

 

When they called on the 25th March, what did they say the call was about? It sounds like that call was about the 'mandatory reconsideration' where you provided further details on your disability. If during the call you had simply stated that, 'I want a 'mandatory reconsideration, I will be providing further information in writing'. That would allow you time to get all the info together.

 

I emphases that's what I think might have happened. Jobcentreplus send out so much rubbish, only they know what's going on if that is possible.

 

https://www.gov.uk/government/publications/appeals-process-changes-for-dwp-benefits-and-child-maintenance

 

 

 

 

 

I received another letter yesterday, dated 24th March, which is the same date on which I received the first letter telling me I had scored 0 points.

This second letter states that they have looked at my claim again following a recent change

further stating that 'we cannot pay you ESA from 24 March 2014.

 

So how can they have already looked at my claim again before the received the letter from me asking for the Mandatory Reconsideration, and also my Appeal. How does that work, are just bog standard letters that they send out regardless of each individual's circumstances..

 

That beats cock fight as we used to say!

[avalon60]

The phone call was actually on Monday 24th March and not 25th, apologies for the confusion there.

 

During that call, I was asked a few more questions about my condition and how it affects me, to which I gave distinct appropriate answers to. I also interuppted the caller to say I had put the phone down on the table as I could not hold it very well. I also told her I was having walk on my heels now and the wear on my footwear is noticiable.

 

Two days later, 26th, I received a letter dated 24th March saying I had 0 points, and on the same day I sent my letter to the address given on the received letter, which was to the appropriate Benefit Centre. It was yesterday, 28th March which I received the 2nd letter dated 24th March telling me that they have looked again at my claim etc.

[rebel11]

So you sent a letter on the 26th March to the delivery centre, the address on the letter. Lets see what they say. After the date that you think they should have received it, you must chase them to make sure they have received it.

[avalon60]

The said letter was delivered to the Benefit Centre on 28th March and signed for by O'CONNER.

 

Should I still chase them up, or just wait for a reply?

[rebel11]

Wait for a reply. I doubt they open mail on the day received. Give them 10 days. At least a human signed for it.

 

The said letter was delivered to the Benefit Centre on 28th March and signed for by O'CONNER.

 

Should I still chase them up, or just wait for a reply?

[**Margaret**]

:avalon60:

 

Given the number of erroneous letters that Jobcentreplus send out it's impossible to say what's happened without seeing the letters, but it's not worth worrying about.

 

As you know they've received your request for mandatory reconsideration, it's now a waiting game for a revised decision or two copies of the mandatory reconsideration notice. And unfortunately Jobcentreplus aren't subject to a time limit for their response.

 

Margaret.

[avalon60]

Today I received a copy of the ESA 85 report which was done on my assessment back in March. I read through it and highlighted several parts which I am disputing.

I phoned DWP about the Mandatory Reconsideration and they told me to send a letter with points of dispute. I have just finished doing a 3 page letter to them giving my account of what happened etc.

I have learned one thing tho' the nurse who assessed me must secretly be a specialist as he said in the report that my condition was not going to get worse and could manage reasonably well. Oh, and I can walk 200 mtrs without aid. Well I was so please to see that I told DWP in the letter what a genius the nurse was..

 

Anyway, I am sending the said letter by recorded delivery tomorrow and we'll see what transpires.

[rebel11]

Hi avalon

 

I would point out the glaring errors / points in dispute. Don't attack the HCP.

 

Regarding 'what a genius the nurse was..' you don't want anything to detract from the glaring errors / points in dispute.

 

That is where your concentration should be. That's how I would handle it.

It will read better.

 

Today I received a copy of the ESA 85 report which was done on my assessment back in March. I read through it and highlighted several parts which I am disputing.

I phoned DWP about the Mandatory Reconsideration and they told me to send a letter with points of dispute. I have just finished doing a 3 page letter to them giving my account of what happened etc.

I have learned one thing tho' the nurse who assessed me must secretly be a specialist as he said in the report that my condition was not going to get worse and could manage reasonably well. Oh, and I can walk 200 mtrs without aid. Well I was so please to see that I told DWP in the letter what a genius the nurse was..

 

Anyway, I am sending the said letter by recorded delivery tomorrow and we'll see what transpires.

[avalon60]

I have now ammended the letter and only disputed the relevant parts of the report

[rebel11]

Hi avalon

 

Good stuff, are you going to send a report from your doctor with your reconsideration letter?

 

I have now ammended the letter and only disputed the relevant parts of the report

[avalon60]

No need, as both my doctor and specialist say that my condition will get worse and there is nothing more which can be done

[rebel11]

Keep the thread updated.

 

No need, as both my doctor and specialist say that my condition will get worse and there is nothing more which can be done