Work Capability refused Spine Stenosis

mar1407
mar1407 Online Community Member Posts: 6 Listener
edited August 17 in PIP, DLA, ADP and AA

Hi

I'm looking for advice, I'm confused and fed up.

I worked has a care assistant in nursing homes from the age 19 - 31, had my children then I worked then has a shop assistant which involved lifting heavy items. I have had back problems since i was 31 which my doctor said was wear and tear from caring and from pregnancy, where the baby was laying on a nerve giving me sciatica. My back pain and sciatica have gotten worse over the years. I have applied a number of times with work capability but always been refused after being examined by the health professional saying i am fit for work. the last time i attended a work capability assessment was 4 -5 years ago where i was refused and went back to work has a shop assistant.

I am in constant pain and in may this year ended up going to a+e due to the numbness in my leg feeling different and i could not handle the pain, i seen 5 doctors/ Consultants in total that night and the next morning, had a MRI scan and was told i may need a operation on my back. the last consultant i seen that morning asked me how am i still walking around, then told me they were sending my results to a orthopedic surgeon, that i did not need surgery yet but if anything changes to go a+e straight away, I seen my doctor at their surgery the following week where they gave me painkillers to take and fit note for Spine Stenosis which she said is why i need to see the orthopedic surgeon.

I have applied for work capability and pip on the advice of my doctor and work coach. I have only received text messages from PIP saying they sent the form, received the form and a health professional is looking at it. Today I received a message from my work coach saying my fit note is refused and i have been refused work capability that i am fit for work due because i put the same health conditions on my form 4-5 years ago and was found fit for work, i have messaged my work coach saying i do not understand has i did not know about the Spine Stenosis until May/ June this year, so how can i be refused when they have not been assessed by their health professional and all the doctor/ consultant letters say Spine Stenosis on them. i was also told to put all my health conditions on the forms which i did.

i am just fed up and confused when the doctor/ consultant saying i need to protect my spine and not fit for work and someone in a office can look at a old form from years ago and say i am fit for work. i told my work coach, doctor, family and friends this happens every time so whats the point in applying just not to be believed yet again.

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Comments

  • mar1407
    mar1407 Online Community Member Posts: 6 Listener

    just had a text saying i got a message on my UC account and they i am even more confused. i could not make my appointment in the job centre earlier this week due to the pain in my back/legs and finding it hard to walk/leave the house. They gave me a appointment for next week by video call, this morning they cancelled it saying i am fit for work and i need to attend the job centre in person the first week of Sept. they have now said that my work commitments have changed and cancelled my appointment the first week of Sept and gave me back the appointment for next week with the same person but i need to go in person.

  • AndrewHall
    AndrewHall Online Community Member Posts: 320 Empowering

    You need to ask them to reconsider their decision and go to Tribunal if they refused to change their decision.

    Because if you don't, they will continue to find you fit for work.

    In the eyes of evil DWP. your are fit for work if you are still breathing.

  • mar1407
    mar1407 Online Community Member Posts: 6 Listener

    thank you. I will be

  • Holly_Scope
    Holly_Scope Posts: 4,029 Scope Online Community Coordinator
    edited August 14

    Hi @mar1407, some great advice there from @AndrewHall. Make sure you get as much evidence as you can from Dr's etc to support. I'm so sorry it's so difficult to get this sorted. It really shouldn't be reading everything you're going through.

  • mar1407
    mar1407 Online Community Member Posts: 6 Listener

    had some good news i got a PIP phone assessment for the 26th august. I got job centre tomorrow so going to ask them why work capability let them know but i am still waiting to hear from work capability, then going to citizens advice on Wednesday to have them help me appeal work capability.

    I am thinking of asking my doctor can i have a copy of my MRI scan and MRI picture. my doctor is really nice and she gave me copies of the letters from the consultant too send with my forms back in june, (she sat and explained to me all about spine stenosis has her daughter had just had a emergency operation due to her spine stenosis).

  • Holly_Scope
    Holly_Scope Posts: 4,029 Scope Online Community Coordinator

    That does sound like some really good progression @mar1407, thanks for letting us know. I hope you get on ok at your meetings. 😊

  • mar1407
    mar1407 Online Community Member Posts: 6 Listener

    Thank You i will

  • mar1407
    mar1407 Online Community Member Posts: 6 Listener

    Just had this on my U/C journal from my work coach.

    Thanks for your message

    During your previous assessment you were assessed by a medical professional in regards to your ''back issue'' & was deemed as fit for work with this condition.

    Since then you have declared your new health condition & have been put forward for a new Work Capability Assessment so that it can be fully assessed.

    Please note that any other health condition you've been assessed for previously and for which you have been found fit for work with wont be able to be accepted if noted on a fit note.

    Please can you re-submit the declined fit note onto your UC ASAP so that it can be accepted.

    It across to me that who ever looked at my form did not read it tidy and that i put a new condition on it or just could not be asked to do their job tidy ( sorry for the negativity). That because i said about appealing and going to citizen advice, that the spine stenosis is a a new condition found by a MRI in may this year and that my back problems have got worse over the years, due to working in a retail shop where you carry/ lift heavy items ( Microwaves, tv's etc..) not naming the shop has staff help each other when carrying/ lifting but you can not get help when the shop is super busy.

    Sorry for the negativity just stressed, in pain and frustrated.