Hi all, in 2022 I was diagnosed with fibromyalgia, after 3 years of symptoms. My GP referred me to a multi disciplined team where after further tests they agreed with my GP that I could have fibromyalgia and I was diagnosed by my GP. Fast forward to 2023 I've been off work since April 2022, my employer has not paid my wages since February, holding a group income protection insurance policy that gives sick workers the chance of 2 years of payments from the scheme. The insurers have turned down my claim citing that they think I could have worked part time during this time even though I have been denied entry to the factory due to the tablets I have to take. Basically they have 'cherry picked' my medical records to avoid paying out. I can appeal, through a consultant led claim only. Because I was diagnosed by a GP this is impossible as I have not been referred to a consultant😲!!!The CMAT's team I was referred to say they can't help and my GP says there is sufficient evidence in my medical records to support my claim. So basically I have no help to fight the claim. 😱
Diagnosis caution: Hi all, in 2022 I... - Fibromyalgia Acti...
Diagnosis caution
Have you had an occupational health assessment? Your employer should have instigated this after your diagnosis/sick leave. You are protected under the Equality Act 2010. I would seek independent legal advice, many solicitors do a fixed fee interview scheme alternatively many CAB offices have access to solicitors although they may not specialise in employment law. Personally I found ACAS always side with employers so independent advice is key.
Hi, I have had occupational health assessments and seen the works Doctor twice, both agreed I could not go back to my normal job. I was told there is no lighter job I could go to and was not offered reduced hours. Got another meeting with HR next week where I'm not expecting any help! I reach 55 next month so I think it's all aimed at getting me to retire early. Thinking of handing my notice in and going for constructive dismissal, as the stress of it all is exacerbating my symptoms.
Then the insurance company should accept the occupational health report. Are you in a union? Please take legal advice before doing anything. I pursued my husband's employers and got a good result financially but I would not have been able to without taking advice first.
Yes I am in a union but they haven't been much help really, my company has been good, they can't understand the insurance companies stance. I'll suggest they send a report through occupational health as they have already said i can't return to my job and they can't accommodate me in any other way.
The other option is to play the insurance company at their own game. See a rheumatologist privately, take all the correspondence and get them to write a report confirming diagnosis and confirming you are not likely to be able to return to work.
hi, yes please don’t do anything that could make it easier for your employer to not have to follow the legal process and guidelines until you have gone down every avenue open to you. We can all appreciate how easy this is to say but so much harder to do when you’re in pain and exhausted but far too many companies throw you on the scrap heap and do not implement the stages that they should go through and hope the individual just goes away nice and quietly. I do empathise with you and anyone who finds themselves in this situation but please get advice from union if possible or cab etc. I wish you all the best and please let us know how you get on 🤗🤗x
I had thought if that, maybe I'll try to find one who will act on my behalf.
Sorry too read your having too go threw this ☹️,a good reply from Dinkie so I hope you get somewhere very soon xx
Ask for referral for Legal Assistance through your Union. Part of being a Union Member includes free access to Legal Advice (referral usually at Union’s discretion based on if individual’s circumstances warrant this & chances of legal action being successful.
Also, there is this route The Pension Regulation, which, if you Google search for further info & see if you can telephone them in the first instance, they may guide you in the best direction
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About - The Pensions Ombudsman (TPA)
Address
The Office of the Pensions Ombudsman
11 Belgrave Road
London
Greater London
SW1V 1RB
Phone 020 7630 2200
Our role is to investigate and decide pension complaints between members of pension schemes (including personal pensions) or their beneficiaries, employers, trustees, managers and scheme administrators. We are not a regulator ("watchdog") or a consumer champion or a trade body. We settle pension complaints, without taking sides. So when we look at a complaint, we deal with all sides fairly. We are completely independent and impartial.
Opening times
9am - 5pm
Access
We have disabled access and disabled toilets, but we do not usually invite the public to visit in person.
Referral method
An applicant must first formally complain to the party against which they have the complaint. The Pensions Ombudsman would also normally expect an applicant to have asked the Pensions Advisory Service (TPAS) to resolve the complaint before coming to his office. TPAS may refer if necessary
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Also, check your Home Insurance policy Cover & any Bank account perks / package of services. Sometimes, there can be Free Family Legal Services Assistance included in your cover.
I hope some of this might help 👍
PS I am off long term sick AGAIN from my work, I do have a work place pension but I worry what has happened to you will also, happen to me & I’ll have them, basically said out loud & clear, I am unfit to continue to do my job anymore! Also, it’s inducing flare ups in my FMS/CFS x
Thank you. That is the worst about this situation the stress of it all is causing a major flare up! Oh the joys.
Yes, same happening with me at the moment 😕
Sounds like you need legal help unfortunately it may be the only way. Maybe have a chat with a solicitor first and see what they say they usually don't charge for the first 20 minutes at least not in ireland and you can see if you have a case and how much they charge and go from there.
Call ACAS or check your home insurance, bank account or car insurance as you may well be paying for legal advice that you can access. (I had been paying for all three and didn't know x) They can look through all thr legal jargon for you as the big cooperations love to blind us with science.
Hi, I've got a meeting g with my works HR with my union rep. This week so hopefully I may get some help. Thanks.
Hi there. Please be remember that HR is primarily there to protect the company! The Union are the people who are really on ‘your’ side.
I hope everything goes well. Organisations and people don’t realise the positive or negative effect they have on a person’s physical and mental health, until it happens to them.
Sending positive energy to you for your meeting.
Hi another reply from me x but if you u do get referral to occupational health then ask if the Doctor you see can write a private report, medical for you ( i paid for this) . I did this as the this person was assessing my multiple health issues, in fact there was no reason for me to have it but has bern helpful having a one stop report, then yiu can show this to the legal advisor hopefully yiu can access from any insurance you currently pay for from bank, house or car insurance ♥️ Good look and dont forget to apply for Contribution based ESA if you no longer being paid from work, i equally did not know this and managed to apply in time. Small amount of money but helps
I am getting Esa, which I knew nothing about until someone told me. Thanks.
Im pleased to hrar it x as a, lot of working people do not know and thankfully i had a goof person that asked if i had applied and i said no as didn't think it applied to me
I would definitely recommend seeing a private Rheumatologist. I did so as part of my appeal for a civil service pension and won the appeal. It should cost less than £200 for an appointment with a consultant, who can do a letter for you to confirm that your fibromyalgia and medication do not support you doing any work etc. Just look up local private hospitals, most of them will have Rheumatology consultants you can book appointments with. You may need a referral letter from your gp but that is straightforward.
I think this is the route I will have to go down. Thanks.
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