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Advice from hospital

fatherinpainfatherinpain Member Posts: 177 Courageous
@poppy123456 this one is for you. I have recurved a letter from the pain clinic which states I’m not in a position to work, which is against what was determined by wca who deemed me capable of some type of work advice me please

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Looking back at your threads i see you were found fit for work yes? If you've requested the MR for this then you could send the letter to DWP or if you're at Tribunal stage then send it to HMCTS to arrive no later than 10 days before the hearing date.

    Does the letter say the reasons why you're not fit for work? If it just says that then it's not the greatest evidence to be honest, it really does need to state the reasons why.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    To much pain 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It needs to go into more detail than that but there's no harm in sending it for the MR/Tribunal. Have you sent in any other evidence to support your claim?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    To much pain in lumber spine which in my professional opinion leaves patient in no position to work, he’s back needs rehabilitation and we are going to try other forms of medication 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
     Have you sent in any other evidence about how your conditions affect you?

    You really should get some face to face advice from an agency near you and they will help you through the MR/Tribunal process. This link will tell you what's in your area. https://advicelocal.uk/

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    Much evidence has been sent including lasting effects from sub Dural heamatomer, stuff from rheumatologist stating about almost constantly flaring up
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I don't know which stage you're at, MR or Tribunal. If it's MR then only 18% of those decisions change so you'll most likely have to take it to Tribunal.

    All i can advise is send the evidence you have but face to face advice is needed. If it gets to Tribunal then it's a long wait. A lot of areas have huge back logs and people are waiting in excess of 1 year for a hearing date, from the time they accept your appeal.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    I’m at tribunal stage all evidence is sent via email to them, but surely a professionals in their field giving that evidence out weighs the assessment seeing as the assessor isn’t  likely to be in their field of expertise 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Not always no. The Tribunal are more understanding than DWP and the HCP so that's a good thing and appearing in person will give you a better chance of a decision in your favour. If you can get representation from either Welfare rights or a law centre near you then even better. Use that link to see what's in your area.

    Do remember that they will look at the work you can do rather than the work you can't do.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    So what you are saying is an experts opinion over somebody with little knowledge carry’s the same weight? Surely that is wrong on many levels. Imagine I was being accused of murder surely the experts input would take president 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Both of those are totally different things and you can't compare murder to claiming ESA.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    I know they are but is tribunal not like a court? It’s merely an example 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    A Tribunal is nothing like a court.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    Having never been I wouldn’t know but that was my assumption but the point of law doesn’t expert view take president?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm no expert and i can't give you any advice on points of law i'm afraid. This is the reason why you should get expert advice like i previously advised. Please use the link i provided in a previous comment.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    My only local advice is cab who are not the greatest,I’ve searched many many times thanks for your help though, in principle I feel that my views about an expert are correct and surely if that isn’t taken into account then I’m forced to go against dr’s orders which would then mean putting myself in harms way for the sake of going with the non expert
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome. Sadly, it's all about criteria and descriptors. Fingers crossed you'll be one of the 71% who have a decision in their favour. Good luck and please do let us know the outcome.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    @poppy123456 dr has agreed not fit to work u/c don’t want my fit note unless I want to start claim again, what to do? I thought I had to continue sending them but they say not to
  • April2018momApril2018mom Posts: 2,869 Member
    Please don’t compare illegal acts of violence to claiming benefits. Good luck to you and please keep us updated on your outcome. 
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    Was making a point about expert views in a court if you read the whole thread you would see that
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @poppy123456 dr has agreed not fit to work u/c don’t want my fit note unless I want to start claim again, what to do? I thought I had to continue sending them but they say not to
    Who told you that they won't accept your fit note? Was it your work coach?

    It would seem logical that you would need to continue to send in those fit notes while you're going through the appeal process and waiting for a hearing date. If the Tribunal award you limited capability for work related activity then you'll be backdated the extra money from the 4th month of your claim starting from when you sent in your first fit note. Not sending them in could mean they will refuse to pay you that LCWRA element. Nothing i logical when it comes to UC and i can't find a definite answer, unless i'm looking in the wrong place.

    I'm going to tag someone for further advice but you probably won't receive a reply until tomorrow morning.

    @Adrian_Scope Could you advise here please, does fatherinpain need to continue to send in fit notes for UC LCW while waiting for a Tribunal hearing? UC are refusing to accept them because they were found fit for work. Any help would be appreciated. Thanks in advance.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    Work coach at Jc and  if case manager on the phone both saying that if I add them to my journal it will start the claim again.
  • Hart86Hart86 Member Posts: 394 Pioneering
    Are you being asked to look for work in your commitments @fatherinpain?
    Your work coach and case manager don’t seem to know what they’re talking about!! 😡 You can’t be reassessed unless your condition has worsened or you’re reporting a new condition, it’s in their decision maker guidelines. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hart86 said:
    You can’t be reassessed unless your condition has worsened or you’re reporting a new condition, it’s in their decision maker guidelines. 
    Thanks for that. That's a very good point and very true. One which i didn't think about earlier, sorry i'm brain dead today. @fatherinpain does your fit note say anything different to what it said before you were found fit for work?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    No it does not. Here’s the story I injured my back at work and the pain never went away some days a lot wore them others I was sent for 2 mri’s which revealed ddd and ruled out it being arthritis. Job has been kept open so I don’t have to look for work after 355days I finally got to see pain clinic and dr said I’m in to much pain to work as can’t sit or stand for longer then 15-20 mins at a time struggle to lift anything slightly heavy. But Jc and uc both don’t want my sick notes even though I’ve requested tribunal. Work coach is happy if I speak to him every 2 wks by phone appointment and fill in about numerous hospital appointments or dr on my journal 
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    Also forgot to mention since the back injury my rheumatoid arthritis is far far worse and now awaiting biologics as well as suffering chronic daily headache (scar tissue from open scull surgety) which with the stress that I’m put under are also increasing in severity and duration 
  • WaylayWaylay Member Posts: 922 Pioneering
    Re: "...surely a professionals in their field giving that evidence out weighs the assessment seeing as the assessor isn’t likely to be in their field of expertise..."

    The DWP's explanation of this issue is that (for ESA): "To carry out assessments of benefit claims, all Healthcare Professionals must complete a recognised and specially designed training course and must be approved by DWP". So they're experts in assessing you. :/

  • fatherinpainfatherinpain Member Posts: 177 Courageous
    But not in a specific field which is the floor in the system. Pain clinic/ specialist has in writing said that I should not work until they can do something to fix my back 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They don't have to be experts in any particular field and unfortunately, it makes no difference what a Consultant or GP thinks.

    My advice is to take a look at the descriptors to see which group you think you should be in and your reasons why. Then concentrate on this for your appeal. If it's mobilising then they will also look at your ability to use a self propel wheelchair.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,923

    Scope community team

    Hi @fatherinpain, I agree with Poppy here, I would still be handing in sick notes. 

    As @Hart86 mentioned, unless you have reported a change in your condition you shouldn’t be reassessed anyway.

    The concern with not handing in sick notes is you’re then not evidencing that you have a health condition and if you require lessened commitments this needs to be evidenced. 

    It may be worth calling them up again and seeing what they say. Be sure to also leave a note confirming what they tell you in the journal as your evidence.

    With regards to tribunal, Poppy’s advice is great. As frustrating as it is when your consultant has told you not to work, you need to find and focus on the descriptors that fit and support this. 
    Best of luck and let us know how you get on. 

    (Thanks for the tag @poppy123456!)
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Adrian_Scope thanks so much for your help with this!
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    Have phoned again no need to send fit notes in wouldn’t say why not if I do it’s my way of saying to start claim again 
  • janer1967janer1967 Member Posts: 9,068 Disability Gamechanger
    Hi
    I went through the same went to tribunal I was told not to send in any more fit notes while waiting for tribunal. They said after decision of being fit for work they didn't want them. I had call from my work coach every month. I went to tribunal and won LCWRA and got back pay and didn't have to provide any back dated fit notes 
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    Just so so stressful, I don’t really care for the extra money tbh, we get by with u/c all bills paid and food on the table, what’s left over is spent on the kids so although extra would be nice you can’t miss what you never had. It’s the knowing I ain’t in any state to work and them putting all this on me to work, thanks @janer1967 glad I’m not only one that is/has been in this boat
  • janer1967janer1967 Member Posts: 9,068 Disability Gamechanger
    @fatherinpain exactly I wasn't trying for the money just to acknowledge I couldn't work how I was meant to work being housebound without throwing myself down 5 steps to get out and my wheel chair following me. But they know best lol. Anyway keep at it fight for what you deserve. I think they do all this so you give up due to the stress 
  • Hart86Hart86 Member Posts: 394 Pioneering
    Have phoned again no need to send fit notes in wouldn’t say why not if I do it’s my way of saying to start claim again 
    I still think they’re wrong! The official guidance says you can’t be sent again for an assessment without reporting a change. You certainly had to keep submitting the new when waiting for ESA tribunal. But it’s only really a concern if your work coach turns your work commitments back on or you need to appeal a sanction because submitting the sick notes is your evidence you made them aware of your situation. Hope your appeal/tribunal date comes soon so you don’t need to worry either way!! 
  • fatherinpainfatherinpain Member Posts: 177 Courageous
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,923

    Scope community team

    Hi @fatherinpain. This is why I believe you should still be submitting sick notes, they won’t exempt you from work searches but they will mean your work coach can tailor your work search commitments and make reasonable adjustments. 

    What do your actual commitments now say?
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • mazamaza Member Posts: 38 Connected
    It's like walking through a landmine with them. My was was stopped in Nov 2018 after and assessment in Oct. I suffer from muscleskelator disease and copd among other things but anyway my MR failed so i put in for tribunal. I also handed in sick note from my doctor for 13 weeks but i ended up in hospital at new year with pneumonia and sepsis. I was very ill and after long stay between hospital and daughters I had a date for tribunal in April which was a disaster because they found that even although I was very ill when i attended I was fine at first assessment in Oct. So I lost that too. I have now been awarded LCWRA but only for 6 months as i should be fully recovered by then. It's a joke. 

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    maza said:
    It's like walking through a landmine with them. My was was stopped in Nov 2018 after and assessment in Oct. I suffer from muscleskelator disease and copd among other things but anyway my MR failed so i put in for tribunal. I also handed in sick note from my doctor for 13 weeks but i ended up in hospital at new year with pneumonia and sepsis. I was very ill and after long stay between hospital and daughters I had a date for tribunal in April which was a disaster because they found that even although I was very ill when i attended I was fine at first assessment in Oct. So I lost that too. I have now been awarded LCWRA but only for 6 months as i should be fully recovered by then. It's a joke. 

    A Tribunal can only take into consideration how you were at the time the decision was made, any worsening condition won't be taken into consideration.

    LCWRA has no end date you'll continue to be paid for as long as you remain that group. They can re-assess you anytime from 3 months. Even though you were told 6 months, you may not be sent another work capability assessment at the point.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • mazamaza Member Posts: 38 Connected
    Oh right i see. Was my advisor phoned me at the time to say i would not need anymore sick notes or anymore contact with her but my award is for 6 months so will prob be re-assessed then. 
  • mazamaza Member Posts: 38 Connected
    I am nearly 64 so i have everything crossed for the Judicial review today. Lol 
  • fatherinpainfatherinpain Member Posts: 177 Courageous
    How’d the review go?
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