36 years old,Pensioned off from work.....help and advice please

celticfc · 19 July 2005 at 5:20PM

I'm 36 years old and work for Tesco's, in a distribution warehouse. I have been off sick from work for nearly 7 months. In this time I have been recieving SSP and family tax credit.

I went in to work this morning for a meeting with the personnel dept. On the advice of my doctor's report and the company nurse's report, it has been decided that I should be pensioned off from work due to ill health. I have worked since I was 17 years old, 5 years with tesco. The pensions dept will take between 4 and 9 weeks to decide if i will get a pension, although the reports do go in my favour. I have severe problems with my back, as yet i have recieved no confirmed diagnosis, just idea's as to what could be wrong from doctors, so called speciallists and the physio's that I have seen. Each one coming up with a different opinion. I am waiting for a referral to a specialist back clinic

I have no idea which is the best way forward for me from here, I have never claimed any benefits and so therefore do not understand if I am able to get any benefits or financial help. I do not know which way to turn. I have a wife, 4 children and a mortgage. I really don't know what to do. My wife works an hour a day as a dinner lady, she had no need to work full time as I was up until the last few months the breadwinner and provider for my family.

can anyone advise on which is the best way to go from here.

Ted_Hutchinson · 19 July 2005 at 5:43PM

Incapacity Benefit (this link will take you to the Jobcentre Plus website)
Will take over from Statutory Sick Pay when this runs out. However if your pension is more that £85 a week your IB will be reduced 50p for each £1 over. However this doesn't apply if you are on High Rate Care DLA So you also need to have a look at Disability Living Allowance (DLA) and then
Disability Living Allowance and Attendance Allowance self ...
Edit I should have made it clear that if you feel you qualify for DLA YOU SHOULD CLAIM STRAIGHT AWAY. DLA cannot be backdated and so the sooner you claim the sooner you benefit.

It is unfortunate but true that back pain, particularly undiagnosed, is regarded by the senior medical DWP advisers as for the most part a hysterical condition. It follows that when you are assessed by DWP Medical Services Doctors they will be looking for signs of what they refer to as "functional overlay"
The Corporate Medical Group (dwp Medical advice) published guidance to Medical Services doctors regarding back pain is here
Mechanical Back Pain / non specific Back Pain helpscreen - [PDF file size 17KB]
I think you would be well advised to pay the £15 joining fee so you can benefit from the up to dates guides to claiming Disability living allowance, attendance allowance , incapacity ...here
Similar
Free guides to claiming disability living allowance, attendance ..here

As it is a very steep learning curve to ensure you get all the help you are entitled to it would be worth your while to go through it all with a local welfare rights professional. CLSDIRECT will help you find one in your area.

I don't really want to depress you further but you do need to be aware of the current thrust of Government policy when it comes to proving you are unfit for work through back pain.
New statistics reveal that the growth of benefit claims for back pain in the UK is now starting to reverse - so was back pain a twentieth century epidemic?
DWP advice to GP's

ohreally · 19 July 2005 at 10:29PM

Your employer has an obligation to exercise a duty of care towards you. I would seriously consider alternative options before accepting a pension deal, as you may have a long time to regret a hasty decision.I would strongly advise seeking assistance from your union to deal with this. What support mechanisms has your employer put in place to deal with your issues? Have you asked for assistance to retrain to enable you to fulfill your commitments to your wife and family as well as to your employer?
From a medical perspective ask your GP for a referral to a neurosurgeon and request an MRI - this is the scan of choice for your condition (been there and wore the tee shirt).
I'm an accredited union steward and i would urge you to seek help from an experienced steward without delay.

ohreally · 13 August 2005 at 10:57PM

Has this progressed?

36 years old,Pensioned off from work.....help and advice please

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