Work and being ill

tab2

Hi Ive been off work ill for 8 yrs and have been getting a person health insurance payment through the company. On friday I got a phone call saying this would stop at the end of the month but no explanation. Today Ive been told that it has ended on the grounds of insufficient medical evidence and a report from an occupational health doctor they sent to visit me. I have to go into work on friday to discuss my options. Ive been told if I want to appeal I have to provide new medical evidence and then see if my employers will support me. Apart from that its a case of going back to work (no rehab scheme mentioned) and seeing if my company or the parent company will offer me a job under redeployment.

Now the thing is I currently get Incapacity beneft, in june I was awarded DLA so its not as though Im not ill. Also I attended a meeting with the company last november to discuss a rehab back to work scheme and I said I would give it a go but my company said I wasnt fit to work. So does anyone know where I stand with all this as it feels as though its a problem between my company and the phi company but Im getting the fall out.

Any advice would be great
Thank you
Tab

Conor_3

Personally I'd take the letter showing the DLA award to the meeting on Friday. You have to have a medical to get DLA and they're very strict about it IME. It's weighted in your favour if you do that because the OH Doctor from your company has a vested interest in closing your claim as that's what he's paid to do whereas the doctor examining you for DLA has to be impartial - certainly a point I'd be making.

HOWEVER, being on DLA doesn't mean you're unable to work and it may be that you'll be able to work there with some adjustments made to the job, which they're obliged to do under the new Disability Discrimination Act.

tab2

Thank you for your help. I think my main problem is that I had said last year I would give the rehab back to work a go but as my job was no longer available it was left that my company would see if they could offer me something else and they were looking into access to work. I heard nothing from them and was later told by my supervisor that the company had said I wasnt fit for work which is why Im a little surprised this has happened.
Ah well I'll wait and see what happens at my meeting with work on friday
Thanks
Tab

calleyw

Conor wrote: »

You have to have a medical to get DLA and they're

No you don't have to have a medical. You have to get evidence from your dr or specialist who you attend for your medical problem.

My husband gets DLA higher rate mobility and lower rate care because he had a stroke last year.

All they did was contact his specialists and his GP. He never attended any medical.

If DWP are unsure they may call you for a medical.


Yours


Calley

Conor_3

calleyw wrote: »

No you don't have to have a medical. You have to get evidence from your dr or specialist who you attend for your medical problem.

My husband gets DLA higher rate mobility and lower rate care because he had a stroke last year.

All they did was contact his specialists and his GP. He never attended any medical.

To be fair Calley, your husband has something different to the OP which obviously prevents him from doing any work of any type at all so it's handled differently.

For MOST applicants, a doctor appointed by the DSS comes round to your house initially when you first submit the claim and then periodically you have to go to a DSS Assessment centre - usually every 6 to 12 months.

Fleago

Conor wrote: »

To be fair Calley, your husband has something different to the OP which obviously prevents him from doing any work of any type at all so it's handled differently.

For MOST applicants, a doctor appointed by the DSS comes round to your house initially when you first submit the claim and then periodically you have to go to a DSS Assessment centre - usually every 6 to 12 months.

I'm sorry Conor, I do hate saying to someone their information isn't correct, but I'm afraid that I don't think yours is.

Firstly, having had a stroke does not obviously prevent someone doing any work of any type at all. It can depend on the severity of the stroke, but there are people who have had strokes who return to work. And remain in receipt of DLA.

Secondly, it may be so in your area, but where I am DLA claims are handled as Calley described ie DWP only send a doctor to do a medical if there is doubt. In the main, the GP and Specialist evidence suffices. Also, recipients of DLA aren't called to an assessment centre every six to twelve months.

Conor_3

Have you ever claimed and had DLA? I have. My FIL has. My sis in law has for her two kids.

I can only speak from the experience I and others I know have had.

caeler

Request a copy of the medical report they have about you, you have a right under access to medical records act. That might give you more of an insight as to why they suddenly think your not entitled to the insurance payments.

Also request a copy of the rules/eligibility of the personal health insurance policy that you've been paid under as that too might help explain why your being withdrawn.

Although clearly you can show you are still ill, it may not be as simple as that, it might be that they feel you are capable of some kind of work rather than being permanently incapacitated.

The best advice I can give is listen to what they have got to say and ask questions about anything you don't understand. They might have a plan about how to support you returning to work which they've not communicated very well, but ultimately you need to protect your best interests so maybe request a trade union rep/shop steward or even a friend/family member to be present to support you. You don't have a legal entitlement to either if this isn't disciplinary/statutory dispute resolution however they may grant it in the circumstances.

My only concern about what you have described and I don't mean to worry you, is that the company are trying to dismiss you on capability grounds - ie they think you can come back but your refusing. Make sure you note down everything going on, get copies of policies they might be using and don't let them confuse you or make you do something your not comfortable with.

Fleago

Conor wrote: »

Have you ever claimed and had DLA? I have. My FIL has. My sis in law has for her two kids.

I can only speak from the experience I and others I know have had.

Conor, I'm sorry, I don't want to get into an argument with you, but feel that I have to reply to your post above. I, too, can only speak from the experience I have, which is in a professional capacity. Yes, I have completed DLA claim forms, all of which have resulted in DLA being awarded.

I'm also in contact through work with many people who are in receipt of DLA. These people are not called for a review every six to twelve months, nor did they all have to have a medical to get DLA.

Since our individual experiences lead us to come to different conclusions, perhaps we should just agree to differ.

calleyw

Conor wrote: »

You have to have a medical to get DLA and they're very strict about it IME.

Conor look at your quote above you said "You have to" that is not true in all cases.

You did not say from my personal experience most people I know who get DLA had to have a medical. But not all cases demand a medical.

You made it sound like a medical is pre-requisite for all DLA claims which it is not. And the decision makers at the OP work will be aware of that.

I saw many people with in the stroke ward and some of them could have physically gone back to work with a few weeks.

Sadly my husband was not so lucky and will have permanent physical problems for the rest of his life due to left side weakness and non functioning hand. Let alone the emotional side of things.


Yours


Calley