Job center trying to force me to do some work while employed,on a sick leave from work,receiving UC - Page 2 — Scope | Disability forum
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Job center trying to force me to do some work while employed,on a sick leave from work,receiving UC

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  • mrntidu
    mrntidu Community 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 .
  • poppy123456
    poppy123456 Community member Posts: 53,352 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.

    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.
  • mrntidu
    mrntidu Community 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 .
  • mrntidu
    mrntidu Community 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 . 
  • poppy123456
    poppy123456 Community member Posts: 53,352 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.
    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.
  • mrntidu
    mrntidu Community 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 .
  • poppy123456
    poppy123456 Community member Posts: 53,352 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.
    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.
  • mrntidu
    mrntidu Community 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 .
  • poppy123456
    poppy123456 Community member Posts: 53,352 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.
    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.
  • mrntidu
    mrntidu Community member Posts: 20 Listener
    They will see what I can do . 
    I promise ?
  • thespiceman
    thespiceman Community member Posts: 6,388 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
  • mrntidu
    mrntidu Community member Posts: 20 Listener
    I recorded with my phone all the assessment . I can prove that I have been tricked .
  • poppy123456
    poppy123456 Community member Posts: 53,352 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.
    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.
  • mrntidu
    mrntidu Community member Posts: 20 Listener
    I already handed that to my lawyer .
  • poppy123456
    poppy123456 Community member Posts: 53,352 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.
    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.
  • thespiceman
    thespiceman Community member Posts: 6,388 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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