problems with ppi on mortgage cover

dean72

when we assess income protection claims we have to assess whether you can perform the generic duties of the occupation in which you work, not whether you can perform your actual job at your usaul place of work. you are insured as a catering assistant.

we have accessed your claim on generic duties are those which are material and substantial to an occupation and cannot be omitted,modified or changed.

even though I feel I am not able to go back to this job at the moment and my work says I am not fit enough and doctors says I am not fit enough. If I change job titles they are going to rewrite my policy so I am running out of options I have refered it to financial ombudsman services

Flyboy152

dean72 wrote: »

when we assess income protection claims we have to assess whether you can perform the generic duties of the occupation in which you work, not whether you can perform your actual job at your usaul place of work. you are insured as a catering assistant.

we have accessed your claim on generic duties are those which are material and substantial to an occupation and cannot be omitted,modified or changed.

even though I feel I am not able to go back to this job at the moment and my work says I am not fit enough and doctors says I am not fit enough. If I change job titles they are going to rewrite my policy so I am running out of options I have refered it to financial ombudsman services

I think, from memory, that the FOS upholds more appeals than it denies, so you have a good chance of winning. Good luck and don't forget to keep us updated. It will be good to be able to follow such a case, so that it might help others in similar circumstances.

dean72

Well got all relevant info now just waiting for some paper work I requested from aviva.
terms and cinditions explained really regarding my policy and the law.

it states in my t&c ""To be eligible for payment of oremium protection or mortgage payment protection the life insured must be under regular supervision and treatment of registered medical practitioner in respect of his or her incapacity"

I thought this ment basically I have to go to doctors and if he says I am unfit for work and gives me an unfit for work certificate then I have to follow his advice also the other thing I was told by my employer if they allow me to go back to work while I have an unfit for work certificate it voids there insurance.

aviva says this is rubish a unfit for work notice is not a legal document.

so I have requested it all in writing then my bundle of paper work will be sent to the financial ombudsman.

I will keep people up to date with all this info

fluffnutter

This is not rubbish, it is standard practice and no employer should allow you to work if you're signed off...

I was told by my employer if they allow me to go back to work while I have an unfit for work certificate it voids there insurance.

Yes, this isn't a 'legal document'. There's no 'law' saying you can't work whilst you're signed off. There is however, the terms of your employer's contract with their own insurance company and as such they can refuse to allow you to work. The upshot being of course... you can't work!

For Aviva (an insurance company fgs) to dismiss this is madness. Their quoting of 'this is not a legal document' at you is ridiculous and irrelevant. Keep pursuing them.

dean72

I'm going to fight this all the way. also and I am trying to get it all in writing as the will not be able to denie anything then.

as for my employers insurance when I pionted this out they told me to get another job again this was on telephone and not in writing I did record it but forgot to ask them if it was ok.

I took this to the local citizens advice bereau with my letters and they have just said its disgrace full the letter they sent me at first.
They said it was under hand bullying tactics that they are trying to force me back to work when I am clearly unfit.

I have thought of starting a blog on this and making everything public including my med docs (with out personal info name address) and all other docs but not sure how legal this so I will check it out first.

Flyboy152

dean72 wrote: »

I'm going to fight this all the way. also and I am trying to get it all in writing as the will not be able to denie anything then.

as for my employers insurance when I pionted this out they told me to get another job again this was on telephone and not in writing I did record it but forgot to ask them if it was ok.

You don't have to ask their permission to record. You do have to ask their permission to use the recording though. However, you can transcribe the conversation from the recording.

I took this to the local citizens advice bereau with my letters and they have just said its disgrace full the letter they sent me at first.
They said it was under hand bullying tactics that they are trying to force me back to work when I am clearly unfit.

I have thought of starting a blog on this and making everything public including my med docs (with out personal info name address) and all other docs but not sure how legal this so I will check it out first.

Generaly speaking, there would nothing unlawful, as long as you make it clear that the information you are giving does not contain any personal details of anyone you speak to. It would be no different to posting on this forum, or appearing on "Watchdog" or "You and Yours."

dean72

Hi just let you all know Aviva still not backing down so have sent everything of to Financial Ombudsman Service so hopefully they will see my side .
my insurance policy says I must be under gps supervision during full term of sickness.

now they have said sick note is not a legal document to be excluded from work.

also its all to do with generic duty of my job so I have asked for a list that they are accessing me against and it states they don't have one. and if I cannot do the generic duties in the organization I am in I should find another organization that I can fulfill the generic duty's in

Flyboy152

So, they are saying that they don't have any definitions as to what your generic duties are, but are telling you you should quit your job and get another one, where you can do a job that they won't define?

dean72

yes that's it and I have it in writing.
lol seems bit unreal