dwp overiding doctors note.

scott_w_2

my wife fell and damaged her elbow in nov 2008,she has only been able to claim contributions towards employment support allowance,as i was working.
she has been for a medical assesment and was told she was fit for work,she appealed and again was told she was fit for work,this is dispite being signed off from the doctors !!!
she is still signed off till may were there is talk of another operation to get her arm to move (only has 30% movement).

what would happen if she got a job and injured the arm more ?who would be liable?

jdturk

scott_w wrote: »

my wife fell and damaged her elbow in nov 2008,she has only been able to claim contributions towards employment support allowance,as i was working.
she has been for a medical assesment and was told she was fit for work,she appealed and again was told she was fit for work,this is dispite being signed off from the doctors !!!
she is still signed off till may were there is talk of another operation to get her arm to move (only has 30% movement).

what would happen if she got a job and injured the arm more ?who would be liable?

You're telling me there is no work on this earth that your wife can do.........

sammyjo1979

When she had the medical did they examine the movement in her arm or just go by paperwork? It seems very odd that they would tell her to go back if she only has 30% usage at the moment...

What does your wife do?

Uncertain

jdturk wrote: »

You're telling me there is no work on this earth that your wife can do.........

Simplistic and opinionated as ever

However, to properly answer the OP's question.

Your wife's doctor has ADVISED her that, in his professional opinion, she would be best to refrain from her current work. That was, until today, his only option.

The DWP medical (flawed as they are) is intended to assess whether she is fit for any type of work. Although one hears many horror stories about these medicals I would assume, based on what you have said, that you wife would still be able to do certain types of work? Rightly or wrongly that is what the system asked them to assess.

From today GPs will be issuing a different type of "sick note" which puts far more emphasis on what a person CAN do.

Somerset

I'm interested too on a theoretical level.

If the advice of a G.P. is 'do not work'. A patient wants to follow that advice ...... but ...

The DWP medical states patient is fit for work ...... esa withdrawn ( for purposes here ignore appeal/tribunal process ) and jsa substituted ..... and

Job found via Job Centre, commence work and .....

Arm damaged further ( hypothetically shelf-stacking, whatever, point being using arm worsens existing condition )

Is there any liability ?

jdturk

Uncertain wrote: »

Simplistic and opinionated as ever

Simplistic but valid I would say

But I am also interested in the outcome if the OP's wife was forced to go against the Dr's note and get a job and made it worse....I suspect the employer would get the full brunt of any claims etc

cit_k

people having to go to work when not fit to do so, because of the DWP is something the insurance industry is worried about...

read more

blckbrd

I have to agree with jdturk's first post.

Potentially, OP's wife is capable of the same work as anyone who has the use of only one arm and while the Government is keen to reduce jobseekers figures it's even keener to slash ESA claims.

I wonder if Mrs OP would be classed as disabled if she's had the impairment since November 08? Any DDA implications?

MrsManda

I think there is a difference between not being able to do any form of work and not being able to whatever role the person used to do. In the past sick note from the doctor have been limited to basically saying don't go back to work. Whereas now there is more emphasis on what you are capable of doing which is why instead of incapacity benefit, people are eligible for Employment and Support Allwance to reflect the fact that there are very few conditions where a person is completely incapable of working in any capacity but they may need support in finding a role which they are able to do. GPs are usually good at knowing you should do x,y or z with a particular injury (though not always as I had friends who've had severe muscle and tendon damage who've been told by their GP to rest completely rather than referring them to a physio for appropriate exercise to prevent seizing up) but are not trained to assess what you are capable of doing nor do they have time to do an occupational health assessment even if they were qualified.The purpose of the DWP assessment is to do the occupational health bit.
In terms of liability, I think if the DWP assessment says you're capable of a particular kind of work and they help you get a job doing that then they'll be liable if your medical condition worsens because of it.

scott_w_2

if so one can surgest a job that does not involve the use of a right arm,please tell me,as we need the money !
dont forget the g.p. has said to wait till the out come of the 2nd operation in may,a simple fall or trip will break her elbow as it is "locked" for some unknown reason-even the surgin does not know why it doesnt move .

jdturk

scott_w wrote: »

if so one can surgest a job that does not involve the use of a right arm,please tell me,as we need the money !
dont forget the g.p. has said to wait till the out come of the 2nd operation in may,a simple fall or trip will break her elbow as it is "locked" for some unknown reason-even the surgin does not know why it doesnt move .

Maybe Scott but please take this the right way, what about all the people that only have one arm, they don't stop working because of that....it may not be easy but it can be done.

However as you say there is another operation ahead so it may be worth looking after this.

As for your current situation regarding the DWP I don't know I'm afraid