Telephone Calls To Atos

keira

Is it possible to get a transcript from atos of any calls you make to them?

I understand they do not record calls but could you get a copy of what their agent typed up?

sdoc94

Hi Keira,

I cannot give you a direct answer but I think you may be able to! Don't take my word for it though as I am only experienced with Capita.

Every time I phone they have notes on my 'account' so to speak and can tell me when I phoned them what I asked for etc.

I would give it a try.

mikehughescq

To what end would be my first question? 

People tend to obsess on the minutiae of dealing with an assessment provider when they need to focus on the process of doing an MR or appeal if needed and lodging formal complaints where also needed. 

What is it you think such a transcript will give you?

keira

mikehughescq said:

To what end would be my first question? 

People tend to obsess on the minutiae of dealing with an assessment provider when they need to focus on the process of doing an MR or appeal if needed and lodging formal complaints where also needed. 

What is it you think such a transcript will give you?

keira

Hi Mike,

During telephone calls with them they asked for lots of detailed information which they said would be included as evidence when the paper based assessment was completed. However, it seems that none of this information was taken into account when the report was completed.

They have recently said that all copies of notes can only be requested via the DWP but I'm sure I've read on here that is incorrect?

mikehughescq

Aha, right. 

You can make a subject access request under the Data Protection Act but proving they didn’t do something isn’t enough to prove you’re entitled to PIP. The main thing is to ensure that information is included in any MR or appeal.

keira

mikehughescq said:

Aha, right. 

You can make a subject access request under the Data Protection Act but proving they didn’t do something isn’t enough to prove you’re entitled to PIP. The main thing is to ensure that information is included in any MR or appeal.

Thanks Mike,

So they are wrong when they say the request for copies of the notes has to go via DWP?

mikehughescq

Yes. It’s nonsense. Capita hold the data and they’re the data processor. Nothing to do with the DWP at all.

keira

mikehughescq said:

Yes. It’s nonsense. Capita hold the data and they’re the data processor. Nothing to do with the DWP at all.

Thanks for that Mike. 

With regard to the notes, as you say these could prove that they didn't take all of the evidence into account. However, I feel that if they had used the evidence then they would not have made silly excuses to play down the seriousness of the disability and its effects! Does that make sense and would it hold any weight with the tribunal?

mikehughescq

You may feel that but it’s near impossible to prove. They could just as easily have taken into account all you said but have come to the same conclusion. The tribunal won’t be interested in what might have happened. They’ll just want all the evidence in front of them so they can determine the matter afresh.

dottydotty

mikehughescq   Do Capita forward a Subject Access Request to the DWP .?  Also who is responsible for removing incorrect data on your file would this be the Assessment company or DWP .  Have a complaint upheld by Capita regarding my personal information etc

mikehughescq

If you’re asking for data on you that only the assessment provider holds ((such as the recording of a conversation or their notes on same) then it’s nowt to do with DWP. They would only forward a request if you were asking them for info. held or owned by DWP such as your claim pack.

keira

mikehughescq said:

You may feel that but it’s near impossible to prove. They could just as easily have taken into account all you said but have come to the same conclusion. The tribunal won’t be interested in what might have happened. They’ll just want all the evidence in front of them so they can determine the matter afresh.

Thanks for that. You have have made things much clearer for me.

This is very much a cat & mouse game!

dottydotty

mikehughescq said:

If you’re asking for data on you that only the assessment provider holds ((such as the recording of a conversation or their notes on same) then it’s nowt to do with DWP. They would only forward a request if you were asking them for info. held or owned by DWP such as your claim pack.

Thankyou . I have requested to have a copy of everything  the DWP hold about me . ESA,   DLA &  PIP  .   The complaint reply from Capita  has been forwarded to DWP . Capita error so hopefully they will address this . 

keira

mikehughescq said:

Yes. It’s nonsense. Capita hold the data and they’re the data processor. Nothing to do with the DWP at all.

Despite repeated attempts they are refusing to release the data and insist the request has to be made via the DWP. I'm not sure how to proceed further with this, any suggestions would be appreciated.

mikehughescq

Are you doing this over the phone or in writing? Are you viewer what it is you’re asking for and that it’s them who hold that specific data not DWP?

keira

mikehughescq said:

Are you doing this over the phone or in writing? Are you viewer what it is you’re asking for and that it’s them who hold that specific data not DWP?

Hi,
This has all been done in writing and yes I have stated that it's them who hold the data and not DWP.

dottydotty

keira   I had the same problem with Capita ,  they just forwarded my request to DWP .Am still awaiting the paperwork ,and  still awaiting reply from Capita .4 emails ignored .

keira

Hi Dotty and thanks for replying. I think I remember reading that @wildlife may have had similar problems (I might be wrong though!). Maybe they could help if so?

mikehughescq

It is abject nomense that you have to go through DWP. However, I stand by my original assertion that you’re largely barking up the wrong tree here. Proving they didn’t do something will not get you PIP.

dottydotty

mikehughescq   I have it in writing that Capita uphold my complaint . I agree this  may  not change the decision but it may go someway to proving the HP  has not complied with DWP guide lines and has failed to record my information correctly  ,if taken to a Tribunal .

mikehughescq

It will indeed lower the weight given to the report but, unless it resulted in a recommendation of different points, then pricing you should get PIP is still an entirely different task.

dottydotty

mikehughesq  Thankyou for your comments . I am hoping the decision maker might just consider the validity of the report and might just agree with my objections  to the descriptors chosen. 

mikehughescq

Do you mean the points scored under those descriptors or the actual descriptors they chose to apply? 

dottydotty

mikehughescq  hello .   I disagree with both the points scored and the descriptors they chose to apply . The HP  scored me 2 points across all the descriptors , These 2 points were awarded for communication due to  profound hearing loss .  The DWP decision maker stated in her letter that the HP report was all she had to go on .  Resulting in me losing my award of enhanced care and standard mobility .

mikehughescq

You have a case re: both if hearing loss is your main impairment but I stand by my original point that asking for phone transcripts is absolutely not the way to go about it.

It is perfectly open to a tribunal to listen to your transcripts and say “okay we agree that the HCP got some things wrong”. That will simply mean they give less weight to the report. However, the next thing they’ll say is that just giving less weight to one piece of evidence does not automatically give you points and nor does it give extra weight to other evidence.

They could simply say “okay the HCP failed to take into account your evidence but now we’ve heard your evidence we think it’s unconvincing/insufficient:” That’s the area you really need to concentrate on. Proving the HCP report was not 100% accurate is fine but that doesn’t prove that your evidence was.

dottydotty

mikehughesq  Thankyou   I appreciate your comments and you have pointed in the right direction.  I thought I was half way there by having my letter from Capita  upholding with my complaint ,I now need to concentrate on proving my disabilities ( numerous )  and the fact they they do  indeed limit my ability to perform the daily tasks . Also Capita changed my assessment  from a venue to a home visit on the grounds of my being unable to partake of the journey . So I feel it is a contradiction to award me nil points for mobility . 

dottydotty

    mikehughescq

maid08

every call is recorded and yes you can get a copy you must include approx time and date of call but if you do not you can still get them from capita as to paperwork capita claim they hold nothing but yes they do ?and must supply if asked for  they may send you a fredom information form they did me asking for dates i require it from ???
just put all info held ???