Appeal been turned down for ill health retirement
My doctor says I'm not fit for work but don't reach criteria.
I am in constant pain due to my osteoarthritis which was exasperated by an accident at work , this was confirmed by DWP who deemed this an industrial injury, has anyone been through this sort of thing
Thanks
is there not an industrial accident benefit paid from dwp?
I got retired on I'll health twice. My mum was retired on I'll health from dwp where she worked and then the same people assessed her for sick benefit and told her she was not going to get it because she wasn't sick enough!
It's a minefield negotiating the new benefits too. Even if the gp says your not fit to work, the ESA may still say you are fit to do some type of work and then you get next to nothing.
What have you done about the accident you had at work? Have you claimed for your injury? It's a lot of stress but worth doing especially since it has been recognised as an industrial accident.
Your so right it's mine field , the report from capita was crap not me at all the doctor was rude and uncaring was an interigation I made formal complaint next day , of course he got away with it , I would never go alone again. Think will get legal advice as to what to do next
Thanks
I am in constant pain following a car crash, that left me with a torn disc had to have a fusion which failed. Just had a RACZ Catherter done yesterday will know in ten days if it helped. Have had to stop work due to pain.I am looking to get my ill health pension also will know more after this injection, I have been told it only lasts a few months have been in constant pain for over 10 years. Is ther a way to appeal?
Have a chat with CAB
Is your Union supporting you? Certainly seems like you need support from someone else.
Can I ask how old you are? Could it be that work want to dismiss you on health grounds rather than pay out for ill health retirement? Lots to query and certainly need some advice.
Hello Kathy28
My ears perked up the when I heard the word Capta.
What is their reasoning?
Pat x
They looked back on sick record and found one bout of depression in 2011 and say I have an underlying mentle health condition this was a one off episode to do with pain in my back , my gp has said I do not have any mental health problems this doctor at capita was a quack
Pension fund pat I thought
Unum, Atos, Maximus Capita. All USA health insurance denial factories. Unum is the parent company and banned in most American states for refusing to pay our claims.
They are the forms carrying out sickness and disability assessments to us here.
If they haven't offered you anything yet - they might come back and offer you a tiny amount of what you expected and were insured for.
I am sorry to be the bearer of bad news but they are the pits and will use any means they can to NOT pay out a claim.
In your case they have found a 'MH' problem.
I could write a book about what this gov and other parties are doing but suffice to say they are all in bed with all those companies.
{at x
Thanks pat for info what chance have we got have worked all my life , will keep going x
That my friend no one can predict. They may offer you a settlement but be certain - it won't ne enough to live on. They are all giants and make their money from us and multi billion gov
contracts.
Get yourself an employment insurance lawyer. This is typical of their strategy - non payment by finding something in your records they can jump on.tactics
Pat x
For anyone in any doubt as to what Capita is like....read this short extract..
Capita is currently facing a second inquiry into a £1.5bn Whitehall jobs contract, which small companies claim could leave them facing financial ruin.
The outsourcing giant is also one of three firms to be recently awarded a £5bn NHS commissioning deal, as well as delivering disability benefit assessments for Personal Independence Payments (PIP) in parts of England and Wales.
I had a cycling accident in 2008 which has left me with disability and accelerated osteo arthritis throughout my body. My back is in poor condition and I tried, plus failed to get my pension released early but was denied on grounds I'm fit to work. My GP says I am not, I'm in constant pain which makes me so tired. I work self employed so no help for me in terms of benefits either. The compensation I got for the accident was battered down by AXA and a crap solicitor I had didn't help. I'm so sorry to hear of your experiences but it seems that being truly disabled in this day and age is harder than ever, with targets set by government to reduce the deficit it's hardly surprising that these assessment companies grasp at any small detail they can to justify their case. I do hope you get it sorted and you get the support needed x
I retired as a result of ill health from my job as a Police Officer last year. It was a long battle but fortunately I had backing from the Police Federation who funded a Barrister for me. Two incidents at work were recorded as Industrial Accidents. I have been awarded a payment for one and the other claim is ongoing. I managed to get a PIP award at the lower rate of the daily living component but I have asked for this to be revised as my condition has worsened. I have gone from walking with a limp to needing to use a wheelchair in 18 months due to back pain and osteoarthritis in both hips as well as other joints. After 12 months on ESA I am still waiting for a medical assessment even though the payments have now stopped.
I have learnt a lot after interacting with the system for the past 18 months.
1. You really need to get expert help filling in the forms when applying for any disability related benefit. Citizen's Advice is the best place because they know what they are doing.
2. Keep a record of every interaction that you have - names, dates, notes of conversation
3. Send all documents 1st class recorded delivery and keep copies
4. Take someone with you to meetings and bring copies of your documents with you just in case they have got lost.
Finally, be aware of the environment you are working in. By this I mean know the guidelines that the DWP, ATOS & Capita etc are provided with by the Government or get a legal advisor that does. They have to keep to these rules and if they don't then challenge them and complain.
Do bear in mind that the people on the phones and face to face are doing their jobs and on the whole are very reasonable people like you or I. If they are not, they are rude or unsympathetic then record it and complain. Medical professionals are subject to a code of conduct. If you feel that they have not complied with this, then complain and provide evidence of their behaviour (the person you were with can be a witness).
If you are claiming Disability related benefit then you are in it for the long term. Build your case and use the guidelines to support your claim.
Good luck one and all.
Best regards,
Dave
Hi Dave thank you so much for taking time to message, I will keep on going , I have lots of paper work and keep records .
I am sorry to hear what a rotten time you have had and wish you well
Kind regards
Kathy
Hello Dave
Good sound advice. Been at it a little longer than you and all I can say is it is getting harder to claim ESA and the new PIP. As we all know the reason DLA iis closing and PIP starting is a cost saving exercise.
Even knowing the guidelines to Maximus as it will be now, Capita and the others - always remember they are health insurance denial factories and whether it is claiming benefits or an insurance claim they will do their damndest to not pay.
Of course they are only the donkeys in DWP claims. I IDS is the contract maker and that is what they follow.
I was interested to hear you say your ESA has stopped now. Why?
Pat x
Hello Pat,
I was on contributions based ESA which expires after 12 months. I am still waiting for a medical assessment to see whether I get put into a support group. If so, the contributions based payment would restart and then continue until the next ESA review. My Police Pension means that I do not meet the criteria for income related ESA. I was sent a date for a medical assessment but the letter was dated Christmas Day. My family and I went on holiday, I told the DWP but ATOS was not made aware. I found out about the assessment when I got home. I got sanctioned on the ESA for not attending the medical even though the claim only had 10 days left to run despite telling them I would be on holiday.
Oh well, it gives me something to occupy my mind with. I tend to get very stubborn with things like this and refuse to be beaten. I also get annoyed when those that need help the most in our society seem to have to jump through so many hoops. I had 29 years of form filling but the disabled benefit related forms are on a different level entirely.
Anyway, onwards and upwards.
Stay well.
Dave
Oh Dave i understand you so well. You landed yourself in ESA WRAG - 1122 months an poof you disappear. Or at least far too many do. People going through the WCA and into ESA still don't realise there are 2 groups. I had my assessment just bfore I retired and on to my pension. Total waste of money.
I was one of those who 'festered' on IB for 17 years such was my medical evidence.
Yup form filing is an unknown quantity even when you know. And now we indefinites have PIP - look forward to - next year. Or the year after. Or......
And who is doing many of these assessments? Capita.
By the way i you are good at form filig you could offer your services. Always looking for people to help others.
Pat x
I am more than happy to help, Pat. However, I am all too aware that on my bad days I cannot make it out of bed. I would not want to make commitments and then let people down. The Benefits & Work website publishes some great guides to ESA and PIP. It costs £20 per year which for me is money well spent. Who knows what the next review of benefits will look like. The only certainty is that there will be less money to go around and some elements of the media will continue to label all disabled people as workshy scroungers.
Contact the local voluntary agency which deals with benefits. Speak to them about the government rules and guidelines as described in the disability handbook 2015. And get a copy of the rules. See if your situation is described in the disability handbook 2015.
Hope this helps
I'm reading all this and not understanding much of it. Get as much help as you can, filling in forms, making notes at meetings, asking questions etc. Such an outdated way of thinking to use mental health as an exclusion nor recognising it as part of your pain cycle.
Hope you find some good support.
Hello zanna
The problem Katie is facing it the insurance company she is with.
Capita are one of the most notorious American health insurers who will NOT pay claims. They find every excuse legal and illegal.
Using a MH prob she had ages ago which is totally irrelavant is their nasty little excuse.
Highly likely she will have to go to tribunal.
Not what anyone in such pain need but that is Capita. You may have heard of Atos? They are the same. And all these nasty evil multi billion ££££ companies have contracts with the UK gov, in particular DWP for assessing sick people to get their disability benefits. Even the name Capita putd the fear of G into sick and disabled people.
Hope that explains a bit better.
Pat x
Thanks Pat, that helps understanding.
Hello Kathy28,
Your accident at work can be assessed as industrial injury but may not entitle you to any payment as its has to disable you quite a lot at least 14% for a claim to be paid. Its worth being assessed however incase it causes more problems as time goes on. I have a recorded industrial injury of 1% from a work accident many years ago as it left me facially scarred.
Wishing u all Health and happiness 
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