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Job center trying to force me to do some work while employed,on a sick leave from work,receiving UC

mrntidumrntidu Member Posts: 20 Listener
Hi , 
My name is Nicola , I have been working as Nightshift warehouse storeman for a Fast food restaurant based inside a  big station in London until December 2018 . Because trough the years of hard working I developed herniated disks ,facet joint syndrome and fybromialgia I was found unfit for work and signed off sick .
Since then I only had pressures from any sides, DWP and Job center , work , hospitals, physiotherapy .. they just make me only feel worse . I often think that the only way for me to be in peace it is by leaving this world somehow if I find out a painless and quick way to go. I really have had enough of this people who are good to work using other people's back . I feel like they are not respecting my pain . I need take lots of Cocodamol ,Diclofenac,Amitypriline, Phenergan,Omeprazole . I need to do physio exercises, to rest , to lie down on bed when cannot stand or sit any longer caused by the uncomfortable pain , I use an electronic pen to unblock muscles spasms and need to do everything else slower and more carefully . How am I supposed to be able to work ? 
Please any advice will be extremely helpful and I thank you so much in advance for reading my post and commenting it . 

Replies

  • chiariedschiarieds Community Co-Production Group Posts: 8,080 Disability Gamechanger
    Hi @mrntidu - Welcome to the community, Nicola, 'tho I'm very sorry indeed to read about your struggles. I will ask a couple of people here if they might give you the benefit of their advice. Please @thespiceman & @poppy123456 might you both help here, thank you.
    May I ask if you've looked at PIP (Personal Independence Payment). It's not about your diagnoses, but rather if you face difficulty in daily living activities, such as washing, dressing, cooking, etc. &/or mobility problems. Here's a link: https://www.gov.uk/pip

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @mrntidu   Pleased to meet you. 

    Thank you for joining and thank you for sharing and to my friend @chiarieds .


    I am one of the team of community champions.  We advise help and support members of our community.

    I am sorry to hear what you are going through. Please can I ask do you have Union representation at work.? Even though your signed off sick at work. There should be helping you.

    Many Unions have benefit advisors and welfare support I know Unite is one such Union worth finding out.

    Also if your suffering from the conditions you mentioned. I can give you organisations that can give you a lot of support, welfare, benefit advice. Please can just say your not alone in this situation...

    I noticed your medication using antidepressants, there are mental health charities who can be used to support you, if your suffering  any  mental health conditions.

    Worth contacting as they can help you and give much need advice, information and most of important of all help you with this situation.

    Looking at wellbeing, health meds anything else. Do take clientele with additional disabilities as well as mental health conditions.

    https://www.richmondfellowship.org.uk.

    https://www.mind.org.uk.

    https://www.rethink.org.

    Last one is advocate charity. worth talking to if having problems with medical professionals. Intervene on your behalf.

    I add also this organisation deals with spine conditions .

    Might be useful for any additional support.

    https://www.spinal.co.uk.

    Helpline 0800 980 0501.

    Please can I add if we can help further please get in touch.

    Happy to help be supportive.

    Please take care.

    @thespiceman







    .





    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
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  • mrntidumrntidu Member Posts: 20 Listener
  • mrntidumrntidu Member Posts: 20 Listener
    edited December 2019
    I cannot reply to @charieds but yes I went to PIP and I feel like have been tricked and the report it's been pumped up of [removed by moderator] which I didn't say or have been interpreted by the report writer on his way . I also went to work capabilities assessment and they said that even if they recognize my health status still I am requested to do some work which I think it has nothing to do with the company where I am employed . I am not going to resign because I was used to love working there and because it is a good company . Where do the job center want to send me to work ? To do what ? 
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @mrntidu   Thank you for kind words and please keep in touch, your part of this community now a valued member, anytime.

    Need to talk or chat or ask anything. Please if you wish to tag my name in.

    Like I have done with yours, happy to do so if I can help.

    If not speak to the other team member's or SCOPE Team.

    Please try not to worry this situation you are in, I have been there.  Used the mental health charities.

    To give your reassurance I am on here every day daily so if that helps.

    Pleasure to meet you.

    @thespiceman

     
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    Thank you @chiarieds for the tag.

    It's not clear in you post whether you have be awarded LCW for Universal Credit? If you can just confirm that please.

    Also am i correct in saying that you are currently working?
    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.
  • mrntidumrntidu Member Posts: 20 Listener
    edited December 2019
  • mrntidumrntidu Member Posts: 20 Listener
    edited December 2019
    @poppy123456 thanks a lot . I only receive UC because my employer cannot pay me ssp anymore . I am employed with a company . Off sick since Dec 2018 . I have got permanent employment contract with my employer . 
    By the way . Job center also said that I don't need to send them sick notes anymore . I am getting UC from job center because I was job seeker and after found the job I was getting very little UC until when I had to sign off sick from my work .UC increased when my employer stopped paying me SSP.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you no longer have to send in anymore fit notes and you're not receiving any extra money each month them i'm assuming you're in the limited capability for work (LCW) group, is that correct? or were you found fit for work? If so, when was the decision made on that work capability assessment please? Sorry but it's still not clear.
    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.
  • mrntidumrntidu Member Posts: 20 Listener
    I am a foreign . Italian . Eea citizen . I live in this country since 2006 and I own permanent settled status . I always have been working hard and paid my tax contributions . Now I feel like I am treated like a rubbish bin bag just because I am not British and despite all my health problems which have been caused by the way I have been pushed to work like a **** all these years living in London . And now that I am useless they pushing me to no other option than working with broken body and mind.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry to hear all of that. If you can answer my questions then i'll happily help you but it's not clear whether you're in a group or whether you were found fit for work.
    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.
  • mrntidumrntidu Member Posts: 20 Listener
    @poppy123456 I went to PIP on October and to work capabilities assessment

  • mrntidumrntidu Member Posts: 20 Listener
    @poppy123456 can you read the photo ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    This means that you have been found fit for work. You now have 1 month from the date of that decision to request the Mandatory Reconsideration (MR) for this you need to state the reasons why you think you should be given either LCW or LCWRA and your reasons why.

    If you didn't send any evidence to support your claim then i'd advise you to send this because they rarely contact anyone for this the onus is on you to make sure it's sent to support your claim.

    I'll put some links here that may help you with the process. I would also advise you to get some face to face advice from an agency near you for help and support with the MR.


    Put your postcode into this link to see what's local to you for advice https://advicelocal.uk/

    Please do be aware that the work capability assessment is about the work you can do and not the work you can't do and this is what they have assessed you on. Unfortunately, no further fit notes will be accepted.





    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.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    edited December 2019
    Hello @mrntidu   Please can I add you not useless this benefit system is a problem for us all.

    Your not alone, always some one here.  

    Please if you can look at the information @poppy123456 has provided for you.

    Please also I forget the mental health charities have employment advisors and look at seeing how there signposting can beneficial to you.

    If you wish to look at employment that is a option they might what to discuss with you.

    Also they do supported assistance in work with those with mental health issues.

    Could be courses, training or looking at your skills, abilities and talents.

    Something I would think about.

    I know it is difficult for you.

    I looked at the spine injuries links lots of support, resources and information.

    My thoughts are me and @poppy123456    are here to advise be supportive, we do understand.

    Please try not to worry, you not the problem, none of this is your fault.

    Please remember anything we can do get in touch.

    Please take care .

    @thespiceman


    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • mrntidumrntidu Member Posts: 20 Listener
    edited December 2019
    @thespiceman @poppy123456

    Thanks again for your posts . By the time that I had those PIP and work capabilities assessment I also went again to Orthopaedic and found to have this problem as chronicle and psychosomatic . That's why I have been added antidepressants on top of painkillers . I don't understand what job center wants me to do . I  asked them to send full report and informed them in the online journal about these new adds . I also have been changed physiotherapyst and will need to go . I also have been paid by my parent's a SIA CCTV training in order for me to be able to find a job which doesn't stress my health problems . What do they want for me ? I am not going to let them force me to work . They will have to physically move my arms , hands or whatever because I am not going to work any other jobs than the one which I already have . They cannot say me to resign from my work . And I will not resign .I will get better and I will work where I am employed . 
  • mrntidumrntidu Member Posts: 20 Listener
    I suffer of fybromialgia . They should go back to school and study and come back to talk to me only when they ready .
  • mrntidumrntidu Member Posts: 20 Listener
    edited December 2019
    From the photo, what they wrote , I understand that they want me to think that they are better doctors than my GP and that actually his sick notes are toilet paper . I am not going to give up . I don't mind to go tribunal to sort this out and be the decision made by someone competent and experienced and not by a bunch of ignorants and  unaware  puppets of the government.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Unfortunately, a fit note from a GP doesn't automatically qualify you for limited capability for work. Please have a read of the links i posted above and don't forget you have 1 month from the date of the decision to request the MR and if that fails it's Tribunal.
    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.
  • mrntidumrntidu Member Posts: 20 Listener
    @poppy123456
    Good morning . Gp's ( Doctor running a medical center and not a idiot )  sick note states the illnessess which I have got and that I am not fit for work . It doesn't state that I have limited capability for work . I cannot work and I will not until I am healed . I swear this over my mum's hearth .
  • mrntidumrntidu Member Posts: 20 Listener
    When I say work , I mean working for real moving 5 tons of food and stuff around a massive trains  station in only 6.30 hours . I am not physically fit to do that yet .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're not understanding what limited capability for work is, it's part of UC and the wording they use. Even for those that have a decision in their favour the wording is still the same LCW or LCWRA.

    Unfortunately, a sick note doesn't prove this and is not classed as evidence to prove that you're not able to do some work. May i ask if you sent other evidence to support your claim? That states exactly how your conditions affect you're ability to do any type of work? They very rarely contact anyone for any evidence.

    I totally understand that you already have a job and are unable to do that job right now BUT DWP and Tribunal will take into consideration your ability to do any type of work and not just the one you currently have, that's not what the work capability assessment is all about.

    Having some understanding of what the work capability assessment is all about will definitely help you here. There's lots of information here, with links to click and read. Please have a read and it may give you more understanding of what it's all about.

    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.
  • mrntidumrntidu Member Posts: 20 Listener
    I gave them results of MRI scan which states that I have 3 herniated disks causing me facet joint . It's an official document released by the Hospital and not the GP. Orthopaedic doctor in the hospital didn't say that I am fit for work .
  • mrntidumrntidu Member Posts: 20 Listener
    During the PIP assessment I have been asked to touch my feet with my hands without bending my legs and I couldn't  because of pain . Then I have been tricked because the lady asked me to sit and touch my shoes with hands then wrote that I could reach to touch my feet by hands. That's a  vile behaviour . 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's not about what any doctors think unfortunately. I'm afraid all you can do is request the MR within 1 month of the date of the decision. That MRI scan is not enough and i'd advise you to send more evidence because that scan doesn't state exactly how your conditions affect your ability to work.

    Do be aware that most MR decisions remain the same so it's very likely that you'll have to take it to Tribunal. Appearing in person will give you the best chance of a decision in your favour, the only downside is waiting times are huge in most areas and lots of people are waiting a year for a hearing date.

    I would advise you to get some face to face advice and help with the MR and Tribunal.

    Your PIP decision is a separate issue to the work capability assessment because they are different benefits with completely different criteria. PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors.

    Again, having some understanding of the criteria for the PIP descriptors will most definitely help you. If you've recently been refused then again you'll have 1 month from the date of that decision to request the MR. You should put that request in writing stating where you think you should have scored those points and your reasons why. Adding 2-3 real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    You should avoid mentioning any lies/contradictions that may have been told in the report because they won't be interested in any of those. They will only want to know where and why you think you should have scored those points. Any complaints about the assessment report should be sent to the health assessment providers.

    I'd advise you to have a look at this link to give yourself more understanding of the PIP descriptors.

    Please use that link provided in a comment above to see what advice agency is local to you for further advice.
    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.
  • mrntidumrntidu Member Posts: 20 Listener
    Okay then I am going today to book an appointment with local law center . 
    I wasn't aware and I wasn't after any money from PIP . Job center told me that I could have applied . Didn't say me that I could apply for new style ESA. 
    If this process will take a year before to be heard in tribunal is not my business . I didn't cause me to have to appeal .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    New style ESA work capability assessment process and criteria is exactly the same as the UC one. The only difference between the 2 is New style ESA is contributions based benefit and UC is means tested.

    Please try to understand that as a community champion here on scope, i'm only trying to help you, i don't make the rules.
    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.
  • mrntidumrntidu Member Posts: 20 Listener
    Yes I know thanks for the information . Imagine that since I had that message on my journal I couldn't sleep or to eat yet because of the nervous breakdown which caused me . Especially for the fact of being tricked in a bitchy way by the people who I was assuming they were there to help human beings . 
    The all point is that if they want to test what I cannot do of my job then it should be organized a night of work at my workplace and to  be effectively seen handling so much weight at supersonic speed as needed and simultaneously being very careful at not breaking the station rules . I challenge any of them to do one day what I did in 15 years of employment and not to die after that . I will win right that they will **** themselves after one hour of it .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome.

    The health assessment providers are definitely not there to help you claim any benefits. They are there to assess you and nothing more. Please understand that it's not about the job that you've done, it's about any type of job and this is what you were assessed for. It's not about what you can't do, it's what you can do.
    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.
  • mrntidumrntidu Member Posts: 20 Listener
    They will see what I can do . 
    I promise 😈
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @mrntidu   Please can I ask did you look at any of the organisations, I added to your posts.

    Understand one thing your not alone we are here to help, guide offer a lot.

    I mentioned medication  you are on, you mentioned nervous break down sleep, problems and some anxiety.

    I hope you realise these as there are mental health problems, know this myself.

    I do want to explain have been on those my self those medications myself. Just a precaution not for pain but for any after effects of mental health.

    Because with pain comes signs of depression, anxiety and these help you.

    I am not a Doctor you learn this from experiencing talking to others from the charities listed.

    So if you have any problems as you are please think about the links provided.

    I used these all the times was with my own issues.

    I know your proud and hold your head up want to be supportive of yourself. Help your self which is an important part of any health issues.

    Others in these charities will see this and will respond. New opportunities, doors and much more might open.  Who knows till you apply.

    My own story regarding employment.  A lifetime of admin qualifications. Joined one of these charities found my interest in food, diet and nutrition heightened.

    Got qualifications through them and lots of help, guidance.

    Hope that helps you gives you some positivity.

    Something to think about especially the problems you are experiencing now.

    Please take care.

    @thespiceman

     
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • mrntidumrntidu Member Posts: 20 Listener
    I recorded with my phone all the assessment . I can prove that I have been tricked .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    mrntidu said:
    I recorded with my phone all the assessment . I can prove that I have been tricked .

    I'm assuming you covertly recorded the assessment because you used your phone? This isn't allowed and you should have got permission to record and used the appropriate recording equipment and produced 2 identical copies and handed one into the HCP at the end of the assessment. Unfortunately, you won't be able to use the recording as evidence.
    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.
  • mrntidumrntidu Member Posts: 20 Listener
    I already handed that to my lawyer .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You don't need a lawyer for a MR or Tribunal. What you need a representation from an advice agency, which is free. A lawyer will most likely charge you.
    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.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello   @mrntidu   Please can I inform you if you ever contacted any of the links as they are there to help you, give a lot of support, advice, guidance.

    To help you with your issues and problems.

    Mental health charities they do actually support you on your behalf especially situations like this.

    All mental health charities have insider advisor, welfare support and many support workers do take upon them selves to intervene.

    Do not have to says in  the booklet.  Sent with the assessment .  To do those tasks, exercises never done any with a support worker present, also even with one not present.

    Been claiming over a long time.

    I am sorry what you are going through please you need to understand there is help and support available and it is free.

    Please I hope you will consider looking at any information I have added.

    Please take care.

    @thespiceman





     
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
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