What are the Health and Safety implications of being classed as fit for work from ESA/PiP

Pzkpfwv1d

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 

clarkjohnson

Thanks for that friend I'm a 63 year old cancer survivor worked over 40 years never had an health problem until late 2017 and they said I could do some sort of work . I'm not the same person mentally or physically unfortunately and I'll tell any future employers that I mean who wants to employ a clapped out 63 year old man who's on the countdown to retirement it's all about money saving they couldn't give a toss about people s health . Well they can kiss my **** . Tc friend ?

michfinch

Yes, I’ve often thought of this question too. As an ex employer if I employed someone with a Disability mentally or physically, would I have to take out extra insurance? Good point, anyway, will follow it through.

Benistmonk

Good point, say your driving licence had been revoked on health grounds, could you get it back if you were found fit for work by a HCP.  

CockneyRebel

You can be found fit for work but they do not specify what type of work you may be able to carry out. It does not mean that you are fit to carry out your chosen proffesion. PIP is not an out of work benefit and many people with PIP awards work full or part time

Benistmonk

@CockneyRebel No, but the Jobcentre will specify what it means to be found fit for work, they will tell you that you have to apply every job there is, and if you tell the JC you can't do a specific job, they will tell you to sod off and claim ESA. 

The DWP triangle of ****.

michfinch

I’ve i’ve an email thread with Operations Office at dwp. I have asked if a Specialist and my Dr deem me unfit to drive and work could their Healthcare professional overrule the decision of the Dr, the Specialist and the DVLA and allow me to drive? Will wait on an answer..... 

debsidoo

@Benistmonk
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
       

Benistmonk

@michfinch That should be interesting, I have no doubt they will make some excuse as to why you can't use a HCP report to get your licence back, probably because they are not qualified to make such a call. So you can use that against them in appeal. HCP report not worth the paper it is written on for x reasons.

michfinch

Their Reports aren’t worth the paper they are written on especially for Epilepsy. I also think because I’m in a roll out Universal Credit area they’re clutching at straws not being able to give a definitive answer. I’m still re-appealing ESA and PIP. My Son, who came with me yesterday to my UC meeting with my Job Coach (who, prompts me for my 28 day Fit Note ?) is a very level-headed, logical person. Even he was nearly exploding with frustration after asking very pertinent, logical questions to be met by “computer says No” type answers from my Work Coach who can switch off and on the need to look for work button.... Yes, looking forward to Monday and Universal Credit Assessment with logical Son taking me! 

Benistmonk

debsidoo said:

@Benistmonk
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?

michfinch

Briefly: asked my Work Coach via message today “who would be at fault if I have an accident at work through Epilepsy?”
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?

Dotty123

I can’t use my hands fingers so what do they class I can work safely 

Benistmonk

I see there is no reply to my question.

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.

Benistmonk

Dotty123 said:

I can’t use my hands fingers so what do they class I can work safely 

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. 

clarkjohnson

Well I was in the choir at school used to sing Shenandoah to the Darby and Joan but half of um fell asleep I'll have a word with Tom Jones it's not unusual 

debsidoo

@Benistmonk
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

babybelle

I've just lost my esa. I was told at my wca by an alleged hcp that arthritis is not recognised illness now. 

Benistmonk

debsidoo said:

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.

Benistmonk

babybelle said:

I've just lost my esa. I was told at my wca by an alleged hcp that arthritis is not recognised illness now. 

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

michfinch

My Work Coach did switch off the need to find work button (so he said). Anyway I don’t intend to sit back and be a statistic. It’s not in my nature. I’m just curious to learn about all the legal implications for the DWP by pushing me into work when highly trained Medical Professionals put in writing that I am not.