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What are the Health and Safety implications of being classed as fit for work from ESA/PiP
Pzkpfwv1d
Member Posts: 10 Listener
Here is a though, people who have been classed as fit for work by the DWP after a reassessment appointment could be able to challenge the decision under the grounds of Health and Safety implications as there are serious issues for every person with any type of disability with regards to Health and Safety at work
Replies
The DWP triangle of ****.
That isn’t strictly correct.You can get Jobseekers with limitations if you have a recognised condition or disability.It does not declare you unfit for work but in these situations you are able to refuse certain jobs.
eg a partially sighted person would not be asked to take on a driving job if their sight was impaired to the point they were unsafe on the roads even if declared fit by DWP as this would contravene the road safety act.This was one example of many.
Debsidoo.x
What is this magical benefit called and how do you qualify for it?
1. DWP for ignoring my FIT NOTES and my Specialist Reports?
2. The Nurse Practitioner who overruled my Dr, Specialist (and even the DVLA who recognise I’m a danger to other people) and said I didn’t score enough points so I’m fit for work.
3. The Company who employ me and don’t have adequate insurance to protect myself and my co workers from my Disability - especially when I fall to the floor, thrash out and someone may get hurt trying to restrain me...
Interesting, don’t you think?
Obviously the DWP can't tell someone who is practically blind to apply for a driving job, they wouldn't have a driving licence to begin with, so not a good example.
I still maintain that the DWP will tell you to apply for all available jobs once you have been assessed as fit for work, there is no inbetween with them, you either qualify for ESA or you don't.
They will probably say you could be a concert pianist, as long as you can hit the keys, that's all that matters to the DWP.
The benefit I am referring to is as I said Jobseekers with restrictions.The way it was explained to me at the jobcentre when I had an eight month period on it in 2014 was that although I was found fit for work they understood from my medical records that due to spinal damage I would be exempt from applying for certain types of work.
When signed up you are not forced to apply for any and every job on offer just those that are deemed within your capabilities.You can also have a designated disability work adviser to help you negotiate this minefield.
Debsidoo.x
There is no such benefit as Jobseekers with restrictions, a quick search on google will confirm that. There is or was Jobseekers Allowance which is a benefit for people who are fit for work.
Have a look at this, give them a ring, they say people with arthritis are entitled to ESA.
https://www.arthritiscare.org.uk/assets/000/001/874/Factsheet4_esa_(web)_original.pdf?1509979726
i was just about to respond to op.
Debsidoo.x
desiboo is simply trying to twist the point I was making which was about able bodied people with illness forced to undertake job search requirements, even though they have been signed off work by their GP, there is no understanding for people in that category.
Obviously people with permanent disability such as wheelchair users, the blind, people with undeveloped limbs, people in that category will not be subjected to the same job search regime as able bodied people, that is just common sense.
I think health and safety law only applies to employees and employers, to find out what laws the DWP could be breaking in relation to yourself, I think you need to have a look at the human rights act.
Funnily enough, the employer took one look at my friend and immediately got on the phone to the Work Programme folk and gave them a rocket for wasting everyone's time. The employer was a scaffolding firm, amongst other issues, the friend only has one leg, which makes getting up ladders somewhat complicated.
The Work Programme folks never suggested a work experience placement for him again, and not long after he won his appeal anyway. He's now retired and no longer on the WCA merry-go-round, but still dining out on that story.
I learned later from my adviser at the JC, who was incandescent with rage, that the staff at Shaw Trust HO were volunteers, and when they heard my complaint, they all walked out. I was warned never to contact them again. I can't print my reply to that on here, but you can guess it was not polite.
I also reported them to the charities commission for causing harm to people who are ill. Funny thing is, since that debacle, even though I am in WRAG, I have not been asked to attend any more courses.
I think it takes a few weeks before you will know the outcome, the HCP will do a report which goes to the DWP, then when they have done reading it, they will post it on to you.
If the HCP is a nurse, you can ask to be assessed by a doctor, in fact I would insist on it. A doctor is more responsible than a nurse, a doctor is not going to risk losing his licence by writing dodgy reports.
Good luck.
They did this with me, then conned me into being assessed by a physio when I went back a second time. It was my own fault, I should have made them make me another appointment to be seen by a doctor. I am sure I would still be on ESA if I did that. So don't let them fob you off like they did with me, they have to provide a doctor to assess you.
My Work Coach will open his mail tomorrow to a torrent of emails from me.... I’m fuming and that causes me to have Fits.
The upside is, you will still be on ESA while this is going on, the downside is having to attend the assessment centre every 2 or 3 weeks until you are finally seen by a doctor.
me what my condition is so I said Epilepsy.... computer said no, so I added Memory Loss and Depression and someone is now going to ring me back and I don’t have to go today. I’ve put all the notes on my on-line Journal. My poor Work Coach is going to open up to War and Peace this morning!
I only found out about it when I got the DMs response to my appeal, even though I specifically asked for a doctor, while they have doctors at the assessment centre, the DM made out it was simply luck of the draw and there was nothing underhand about the way my assessment was done.