Good morning My question is how bad d... - Fibromyalgia Acti...

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Good morning My question is how bad do you have to be

9 Replies

Hello my fibro has continues to get worse, today I have

Trouble walking the pain is indescribable,

The company I work for will only allow 3 weeks sick in six

Months well of course I have had that, I know that it takes

A long time to sack anyone due to ill health about a year I

Think and I am not going with out a fight.

My question is what is the age cut off for disability, I know

How hard this is to get I'm 61 can't get my old age until I'm

63. And if I go down this road how do I do it.

Also if I am sacked can I sign on or not

Thank you all and I hope you have a pain free day, well that's

Wishful thinking I know, but as pain free as you can be

Viv

9 Replies
TheAuthor profile image
TheAuthor

Hi vivien60

I am so sorry to read about your plight at this time, it must be very difficult for you. I do not know what the age cut-off point is for PIP. However, I am aware that when you get past this age you can claim Attendance Allowance. Your local JobCentre Plus office should be able to give you all the details.

However, There are many procedures an employer must go through before they can just terminate your employment especially if you have been with them a long time. Most employers will arrange an occupational health appointment first and then a meeting for a plan of action. I personally know of 2 people who have been down this road and their employers have allowed them to reduce their hours or go onto flexi-time.

I sincerely hope that you can sort something out for yourself and rekindle your confidence as your post came across as you being rather nervous of losing your job? I also hope that you start to get some relief from the pain soon.

All my hopes and dreams for you

Ken x

agtf1 profile image
agtf1

I'm afraid I don't know the answer to your question, but if u contact your local Citizens Advice Bureau (they'll help over phone too), they will be able to tell u the cut off age & also explain to u the procedure your company will have to go through and your rights etc.

Good luck & hope u get sorted xxx

Reykua profile image
Reykua

Hello Vivien60,

I went through something similar with my employers.

The first question I must ask is whether you're with a Union? If not, please seek advice from relevant services like CAB as soon as possible. Disability discrimination is illegal.

Ken is absolutely correct. Make sure you have the necessary certificates from your GP, request an assessment from your company's Occupational Therapy service (let your doctor know that they may contact him/her for further information regarding your condition) and request any adjustments you think you might need to help you improve your attendance at work.

Of course, this will be regularly reviewed but it doesn't ultimately stop them from seeking a dismissal if no significant improvement is made especially if they can argue that it is causing significant disruption to their productivity.

After two years of struggle with my health and going down the Sickness Policy procedures with my organisation, I was eventually made redundant in a company re-shuffle and my post was deleted. Unsurprisingly, there wasn't a suitable or equitable job for me in the new structure so I'm unemployed. I was with this company for 12 years.

I hope this is helpful

Stay positive

Evanda profile image
Evanda

I was seriously ill and was rushed into hospital 24th April 2012. I had a umbilical strangulated hernia it was massive and had been ill with it for a long time and it was huge. Anyhow long story but to cut it short I was rushed in and they finally did the operation but it had twisted my bowel so they had to cut a piece of it out. I was sent home two weeks later but was rushed back in with infection. I had a huge abscess in the wound so they had to open it all up again drain it and then I ended going on to a vac pack. I finally came off that in August 2012 but it still had to heal. I was not allowed back to work in case of infections and was seeing the nurses regularly for dressing. Anyhow they kept my job open for me but come January they wanted a date for when I would return to work. At this time I was waiting to see the consultant as my wound had healed up strangely. Anyhow they could not wait any longer so dismissed me on the 15 Feb 2013. I was discharged from hospital finally two weeks later and could have returned to work part-time and built up my hours gradually. So at 62 I was without a job and the one I had was a good one. The annoying thing was they fiddled it saying they still had a job for me even though mine was no longer there. But they did not replace me so I should have had redundancy not just dismissed. They payed me 10 weeks money a week for every year but had I been made redundant it would have been 20 weeks. It was a bit of a con but they made it out they were doing me a favour! You cannot sign on if you are receiving your pension so at 61 you should e able to sign on.

Mdaisy profile image
Mdaisy

Hello Vivien60,

It seems you've had some good comments with advice, I would consider speaking to your local Citizien Advice Bureau (CAB), also here is a link to our website with information about work & Fibro;

fibroaction.org/pages/work-...

Here you'll find other organisations you may wish to contact for further advice

If you would like more information about your rights, reasonable adjustments etc please email info@fibroaction.org

I wish you all the best

Emma :)

FibroAction Administrator

mistymeana profile image
mistymeana

Hi I think the current cut-off is 64. If you haven't already, are you able to get an occupational health assessment? The OH doctor can place requirements on your employer to make adjustments to your tasks or work patterns to help you stay in work. They can also instruct them to class you as disabled under the DDA if you fit the criteria, which would give you additional rights and protection.

Thank you all for your comments all have been

Interesting,

I have had fibro for the last 5 years but I think longer

Really but it was only mild before, over the last five

Years it has become worse and I have had time off

Sick.

Prior to Christmas I felt well only the odd pain I was

Very pleased thought it may have gone

then for all Jan it's the worst I have ever had the pain

Is unbearable I have even had cortisone injections, did

It work, no, can't even get up stairs to bed

I have worked for the NHS for the last 20 years then

My contract was taken over by care uk, who only allow

3 weeks sick in six months so I have been taking leave for sick.

When it was NHS I went to occupational health a few times

they were very good cut my hours down. Which was a big

Help.

I can't do that with care uk as my contact remained the

Same as the NHS. and the pay would be a lot lower that's

If they would take me in as it would be a new job.

I'm 61 I can't get my old age pension for another 18 months

Then then I will go whoopee I can manage then.

Thank you it's a bit long I know hope it's not to boring

Love to you all Viv

fibro profile image
fibro

You should be able to claim your occupational pension, possibly claim it on health grounds. Check with your pension provider.

If you claim ESA, which I believe you can claim up until you receive your state retirement pension, please be aware that any occupational pension you get will effect any ESA payments. You can keep £85 plus 50% of the remainder if the occupational pension. I believe this amount hasn't changed for a few years now.

I was retired through ill-health almost a year ago after a year off work. When my pay stopped, I went to the CAB (they can still help you by phone) who helped me claim "New-style ESA" - employment support allowance which you can get for a year. After DWP assessment, I was deemed fit for work but after appeal, was put in the "support group" which means no sick lines or re-assessment for 3 years.

Amount was cut proportionately when I started getting my work pension but also got PIP which is not means-tested.

If you "pass" assessments (ie continue to be unfit for work whilst below state pension age), you can get ESA till you reach retirement age.

I also got PIP at first attempt. This continues after state retirement age.

I had 3 OH assessments whilst still employed & it was the "Certificate of permanent incapacity for work," from them which provided evidence from 3 doctors, that ultimately clinched the benefits for me.

Ask your employer to refer you to their occupational health dept (if you're in a pensionable job) & ask about ill-health retirement.

If not, stay off sick till they sack you. You can apply for ESA even when still officially employed. I waited till work pay stopped but you don't have to.

Good luck - it was a stressful process but you get through it eventually.

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