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Advice from hospital

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  • poppy123456
    poppy123456 Community member Posts: 53,330 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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • fatherinpain
    fatherinpain Community 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.
  • poppy123456
    poppy123456 Community member Posts: 53,330 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?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • fatherinpain
    fatherinpain Community 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 
  • fatherinpain
    fatherinpain Community 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 
  • Waylay
    Waylay Community member, Scope Member Posts: 973 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. :/

  • fatherinpain
    fatherinpain Community 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 
  • poppy123456
    poppy123456 Community member Posts: 53,330 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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online 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!)
    Community Manager
    Scope
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    @Adrian_Scope thanks so much for your help with this!
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • fatherinpain
    fatherinpain Community 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 
  • janer1967
    janer1967 Community member Posts: 21,964 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 
  • fatherinpain
    fatherinpain Community 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
  • janer1967
    janer1967 Community member Posts: 21,964 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 
  • fatherinpain
    fatherinpain Community member Posts: 177 Courageous
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online 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?
    Community Manager
    Scope
  • maza
    maza Community 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. 

  • poppy123456
    poppy123456 Community member Posts: 53,330 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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • maza
    maza Community 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. 
  • maza
    maza Community member Posts: 38 Connected
    I am nearly 64 so i have everything crossed for the Judicial review today. Lol 

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