Can I claim Disabilty Benefits and can I sue my employer

[\\\\ToNy////]

Hi all, more problems :bigcry:

When I was born, my foot was on the wrong way. An operation sorted this but my leg is about 1 inch shorter than the other, there's not much movement in my ankle and it gives me very sharp pains if i walk about a mile. Sometimes any distance. So what are my chances of being able to claim disability benefits?

Over the last 15 years I've had a number of jobs. All have given me bad shoulder pains. 1 year ago - in the job I have now - I had to lift a heavy box on top of another box on the top shelf. Since then, I've had a lot of back and neck pain, even when I'm trying to sleep.

Sometimes the 2cubic ft cardboard boxes can be over 25kg. I have to stand while I scan documents, can't sit, cant tell them that I'm having pain in my back because they will put me on a sitting job preparing documents and that gives me nasty shoulder pains, so i can't win.

Also about this scanning job, the hourly count is too high and I've had 2 warnings. It's easy to get the hourly count if the documents are in good condition. This makes the other 4 scanning operators fight for the best boxes and i usually end up with the bad boxes. It only takes one bad box to ruin my average count for the whole day. I've told the boss about the other guys, but she says I still need to get my count. If I don't get my count more than 4 times a month, I'll get further warnings and possibly dismissal.

I'm thinking of quitting this job. I'm only just about hanging on to it after all the time I've had off because of back and neck pain and I've already had warnings for that also.

I have been to an osteopath 4 times - but no difference. The doctor has said to make an appointment at the physiotherapist. I'm still to do this but I think I'll have to pay.

So what do you think I should do? Any advice will be appreciated :xxgrinning--00xx3:

[Arthur Little]

Mmm :icon_rolleyes: ... it's a difficult one, Tony!

Naturally I am very sorry to read about your predicament. But then, with me being fully retired for many years now, I'm probably not the best person to give you advice on work-related problems - especially those caused by physical stress and strain.

Perhaps someone here who deals with personnel issues might well be able to suggest a suitable course of action. However ... :anerikke: ... I do honestly believe you're going to need to consult a physiotherapist sooner or later.

[Steve.r]

C.A.B might help

[lordna]

Hi all, more problems :bigcry:

When I was born, my foot was on the wrong way. An operation sorted this but my leg is about 1 inch shorter than the other, there's not much movement in my ankle and it gives me very sharp pains if i walk about a mile. Sometimes any distance. So what are my chances of being able to claim disability benefits?

Over the last 15 years I've had a number of jobs. All have given me bad shoulder pains. 1 year ago - in the job I have now - I had to lift a heavy box on top of another box on the top shelf. Since then, I've had a lot of back and neck pain, even when I'm trying to sleep.

Sometimes the 2cubic ft cardboard boxes can be over 25kg. I have to stand while I scan documents, can't sit, cant tell them that I'm having pain in my back because they will put me on a sitting job preparing documents and that gives me nasty shoulder pains, so i can't win.

Also about this scanning job, the hourly count is too high and I've had 2 warnings. It's easy to get the hourly count if the documents are in good condition. This makes the other 4 scanning operators fight for the best boxes and i usually end up with the bad boxes. It only takes one bad box to ruin my average count for the whole day. I've told the boss about the other guys, but she says I still need to get my count. If I don't get my count more than 4 times a month, I'll get further warnings and possibly dismissal.

I'm thinking of quitting this job. I'm only just about hanging on to it after all the time I've had off because of back and neck pain and I've already had warnings for that also.

I have been to an osteopath 4 times - but no difference. The doctor has said to make an appointment at the physiotherapist. I'm still to do this but I think I'll have to pay.

So what do you think I should do? Any advice will be appreciated :xxgrinning--00xx3:

Sounds like you need your doctor to refer you to the right specialist so you can find out what is really going on with your shoulders/back. This may take some persistence on your part after they have tried pain killers, physiotherapy etc. Maybe your company maybe should be asking the advice of Occupational Health to make sure what they are asking you to do isn't making your health worse. They might say you are not capable of doing the job but of course this might not be what you want. I would start with your GP.

[lordna]

Just thought i would add I never had to pay for Physio because i was referred by the GP, so ask to be referred. If he says no then ask to be referred to a specialist or say you want a second opinion (to which you ae entitled).

I had lots of back and leg pain and had to put up with pain killers/physio etc etc all of which did nothing. Eventually I got referred to a Consultant Orthopaedic surgeon (perhaps this is what you need) who after a brief examination referred me for an MRI scan. This revealed problems in my spine and I was referred to a Neurological consultant. Eventually they found several tumours on my spine which have now been removed. Had I not been persistent and got the right consultant I probably would have been completely paralysed by now so worth being a bit pushy! Good Luck!

[tiger31]

Think carefully before giving up your job as they are cracking down on disability claimants thanks to Ian Duncan Dickhead Smith. It won,t be easy getting a successful claim. But if you gotta give up due to the pain, then not a lot you can do about it. The government are even targeting war pensioners like myself on disabilty. I,ve had 4 operations plus more to come. As I get older myself. might have to be reassessed.

It,s a damn disgrace what is happening right now.

[KeithD]

What you have you probably have for life, with regard to the pain. What you need is good pain management, as well as trying different physio techniques. Go see your GP and get some pain meds and anti-inflammatories. Ask him if you could try a quick course of steroids.

I live with constant pain, and it is just a case of trying to keep it at a level that is almost acceptable.

[Steve.r]

I live with constant pain, and it is just a case of trying to keep it at a level that is almost acceptable.

Rayna, you hear what he's saying about you? :xxparty-smiley-004:

[imagine]

It is very hard to get disability now. I had to jump hurdles just to get half disability when I was suffering from chemo side effects with cancer. You get a bunch of forms as thick as the old telephone directory. I got help from CAB who, at that time, had a special dept to deal with cancer claimants on this. There is no way I could have coped with these forms without their help. I think they are purposely designed so you will bin them and forget it. You have to attend somewhere, I forget the name, but it is a private company with their own doctor to assess you, If you can walk up 3 steps unaided, if you can walk just a few yards without having to rest, stand up from sitting without using both hands and without losing balance, then forget it!

Try - you never know - but don't just give notice to your employment or you will be penalised.

[SimonH]

I forget the name, but it is a private company with their own doctor to asses you


:action-smiley-081::yikes: :xxparty-smiley-004:

[fred]

I forget the name, but it is a private company with their own doctor to asses you

I bet that stops a few people from further pursuing the claims process!! :cwm25:

[Ako Si Jamie]

Google PIP ALLOWANCE

You can make a claim while still working. Also seek professional advice from CAB/employment solicitor about your situation but don't leave your job until you do so. If they sack you, you may have a case for unfair dismissal.

[Trefor]

Sorry to hear about these problems. I guess there are two things here:

1. Finding what causes the shoulder/back pain and seeing if you can fix/reduce it. I'm sure you're already onto this one. As has been said, don't take no for an answer from the doctor. It might be to do with your bad posture caused by the other problems and be correctable with orthopedic aids, experts will know.

2. Finding a job you can do without being in pain. Call centre work from home? Can you sit comfortably in some types of chair, or just a sofa/bed?

The only thing I can suggest is that you take control of the situation with the NHS, and don't give up. You will find a way.

[Arthur Little]

Google PIP ALLOWANCE

You can make a claim while still working. Also seek professional advice from CAB/employment solicitor about your situation but don't leave your job until you do so. If they sack you, you may have a case for unfair dismissal.

Alas ... :anerikke: ... from what I've read, "unfair dismissal" pursuants seldom seem to get very far with their cases. :NoNo:

[andy222]

1. Are you in a union? If your not I would join one and seek their advice.

2. I would think twice about quitting your job as future employers will look at your previous record and why you quit the job.

3. Correct me if I am wrong, but isn't your wife still under immigration control? Because you need to meet the criteria to keep her here. :xxgrinning--00xx3:

[Arthur Little]

1. Are you in a union? If your not I would join one and seek their advice.

2. I would think twice about quitting your job as future employers will look at your previous record and why you quit the job.

3. Correct me if I am wrong, but isn't your wife still under immigration control? Because you need to meet the criteria to keep her here. :xxgrinning--00xx3:

:gp:s Andy. Tony's wife, though (fortunately) already has ILR. Yes ... she *got it back in January, so ... :anerikke: ... at least *that means one less worry for him.

[andy222]

That's good. Thanks for pointing that out Arthur..:xxgrinning--00xx3:

[les_taxi]

Good luck and I wish you all the best, but was dismayed to see your title included 'Can I sue my employer'

Unless he has significantly altered your job description, then please don't think I'm being harsh when I say, why should you sue him? :Erm:

That's just the sort of thing that gets me annoyed. Only to be confirmed by Andy asking if are you in a Union :doh

If your employers have made it impossible for you to do your job, talk to them.

If they have and don't care, sue away - but please don't become like so many who just look to sue because that's the way it has become in this country.

[Michael Parnham]

Wow, Tony. So sorry to hear of your health problems. I cannot advise what can or can't be done to help your predicament, but I certainly hope that other members may be able to throw some light on your situation. I wish you all the luck in the world and hope your problem can be resolved in the not too distant future. Good luck with your progress! :xxgrinning--00xx3:

[andy222]

Good luck and I wish you all the best, but was dismayed to see your title included 'Can I sue my employer'



If your employers have made it impossible for you to do your job, talk to them.

If they have and don't care, sue away - but please don't become like so many who just look to sue because that's the way it has become in this country.
Typical answer from a self employed person. You cant talk to employers these days they are a law unto themselves. Thats why you need a union because if there is any wrong doing on the employers part the union will fight your case for you.:doh

[les_taxi]

Yes but I'm talking in general about suing people. I hope things work out for him. I am sympathetic, but if the employer has done nothing wrong why sue him? He gave you a job. I was an employee for many years Andy. We did not need trouble-mongering unions.

[KeithD]

..... but I certainly hope that other members may be able to throw some light on your situation.

The last time I threw light on something, the bulb broke :mad:

[andy222]

A union will not take your case on if there is any doubt. The solicitors will act for you thus saving you money. Call it a insurance if you like.

[SimonH]

Might be worth asking or looking into the companies 'grievance proceedure'

[les_taxi]

What has the company done wrong?

[joebloggs]

Good luck and I wish you all the best, but was dismayed to see your title included 'Can I sue my employer'

Health & Safety Les, you think all companies out there care about that? :Erm:



I forget the name, but it is a private company with their own doctor to asses you


I bet that stops a few people from further pursuing the claims process!! :cwm25:

It was Atos http://www.theguardian.com/society/2014/mar/27/atos-quite-work-capability-assessment-contract-early

Now I think it's a French company that does it :cwm25:

[les_taxi]

Health & Safety is important but far over the top these days.

[andy222]

Might be worth asking or looking into the companies 'grievance proceedure'
I agree with Union backing. :xxgrinning--00xx3:.

[Doc Alan]

I’m sorry to read about your problems.


• Unsurprisingly, paying for four visits to an osteopath has made no difference.


• Your own GP should be able to refer you to an NHS physiotherapist who would not charge you, although you may have to wait for your appointment(s).


The NHS needs more GPs – as soon as possible ! We need at least half of UK medical graduates to become GPs. Very few new medical students say they want to become GPs. Labour wants to recruit 8000 more GPs and the prime minister promises to provide seven day access to a GP by 2020 — without saying how !



• Most GPs are dedicated. THEY are the experts in primary assessment of patients. Treat them with respect and they will do the same for you – more than likely making the correct diagnosis. Generally they don’t say " no " to specialist referral if they think it’s needed. " Specialists " also have waiting lists for outpatient referrals and treatment.


• It simply adds to stress for the GP if you attend with the attitude of " don’t take no for an answer " or " take control of the situation with the NHS " and demand a specialist !


• NHS patients may well have to pay for appointments in future - as in the Philippines and elsewhere in the world.



• Personal Independence Payment ( PIP ) is a tax-free benefit for people aged 16-64 who have care needs or problems getting about. It replaces Disability Living Allowance ( DLA ). You won't be charged for PIP assessment. If you do need a doctor to assess your eligibility for PIP it will not be your GP - but a doctor appointed by the Assessment Providers ( Atos Healthcare until 2015, and Capita Health and Wellbeing ). The assessment report ; form completed by the claimant ; and any additional evidence ; will be sent to the Department of Work and Pensions, who make the decision.


While I understand applying for PIP may appear complicated, it’s to make sure the assessment is accurate and fair. Best wishes :xxgrinning--00xx3:!



http://www.patient.co.uk/health/personal-independence-payment


https://www.gov.uk/pip/overview



http://www.capitahealthandwellbeing.co.uk/our-services/assistance-and-assessment-services/disability-assessments/personal-independence-payment-(pip)-assessments/assessment-process#.VGppm_msX5M

[joebloggs]

Health & Safety is important but far over the top these days.


These probably thought the same, at least they will be going home soon unlike their ex-employee

http://www.dailymail.co.uk/news/article-2820742/Factory-boss-son-charged-corporate-manslaughter-16-year-old-apprentice-crushed-death-lathe-just-month-new-job.html

http://www.dailymail.co.uk/news/article-2825767/Recycling-firm-guilty-corporate-manslaughter-death-father-three-killed-explosion-fined-500-000.html

[Ako Si Jamie]

Alas ... :anerikke: ... from what I've read, "unfair dismissal" pursuants seldom seem to get very far with their cases. :NoNo:Valid point, Arthur, although every individual's case is different. I would hazard a guess that a person who has been sacked due to a genuine medical condition would have the upper hand though.

[imagine]

Health & Safety Les, you think all companies out there care about that? :Erm:





It was Atos http://www.theguardian.com/society/2014/mar/27/atos-quite-work-capability-assessment-contract-early

Now I think it's a French company that does it :cwm25:

Ah yes, that's it Atos :xxgrinning--00xx3:

[KeithD]

It was Atos http://www.theguardian.com/society/2014/mar/27/atos-quite-work-capability-assessment-contract-early

Now I think it's a French company that does it :cwm25:

Our friend in the Philippines does the software for the disability system. Small world!

[Doc Alan]

Ah yes, that's it Atos :xxgrinning--00xx3:

Until next year - see # 29. The service should be free, efficient, fast and fair, whoever provides it ! :xxgrinning--00xx3:

[tiger31]

Our friend in the Philippines does the software for the disability system. Small world!

Have you been contacted by DWP yet Keith ref war pension?

[KeithD]

Have you been contacted by DWP yet Keith ref war pension?

Nope, mine is for life.

[tiger31]

Nope, mine is for life.

Well I,m assuming mine is too after 4 hip replacement ops but I don,t trust this government one bit. I have read that all ex servicemen are going to be reassessed on their degree of disability.

[KeithD]

The war pension is protected from cutbacks. If you have been awarded it for life, then life it is. What they can reassess is the DLA many claim, although as war pensioners, they are looked favourably on as kicking loads off it would cause a public outcry.

[tiger31]

The war pension is protected from cutbacks. If you have been awarded it for life, then life it is. What they can reassess is the DLA many claim, although as war pensioners, they are looked favourably on as kicking loads of it would cause a public outcry.

That,s good I'm on the same rate as you.

[joebloggs]

Valid point, Arthur, although every individual's case is different. I would hazard a guess that a person who has been sacked due to a genuine medical condition would have the upper hand though.

Not sure, they could compare his days off sick and work rate to others who do the same job, maybe they could get a court order and access his medical records, and see if he has had the problems before

[\\\\ToNy////]

Lots of replies. I'll read them all later after work.

Yesterday I was told at work that next week I'll be getting a Written Warning about not hitting my hourly count. There's another guy that's been scanning the same bad boxes of documents as me and he can't get the hourly count either. I find it's very unfair, even the fastest scanning people can't get the hourly count if the document are bad.

I would join a Union but I'm sure that I'll be dismissed within a month or 2.

This week my back is really painful. The co codamol doesn't do much.

Tomorrow I have a doctors appointment. I don't want pills etc. I just want to know if I've slipped a disc. I'll ask him if I can have a scan

[Michael Parnham]

Lots of replies. I'll read them all later after work.

Yesterday i was told at work that next week I'll be getting a Written Warning about not hitting my hourly count. There's another guy that's been scanning the same bad boxes of documents as me and he can't get the hourly count either. I find it's very unfair, even the fastest-scanning people can't get the hourly count if the documents are bad.

I would join a Union, but I'm sure that I'll be dismissed within a month or 2.

This week my back is really painful. The co codamol doesn't do much.

Tomorrow, I have a doctor's appointment. I don't want pills etc. I just want to know if I've slipped a disc. I'll ask him if I can have a scan

Good luck Tony, keep us updated! :xxgrinning--00xx3:

[les_taxi]

Lots of replies. I'll read them all later after work.

Yesterday I was told at work that next week I'll be getting a Written Warning about not hitting my hourly count. There's another guy that's been scanning the same bad boxes of documents as me and he can't get the hourly count either. I find it's very unfair, even the fastest scanning people can't get the hourly count if the document are bad.

I would join a Union but I'm sure that I'll be dismissed within a month or 2.

This week my back is really painful. The co codamol doesn't do much.

Tomorrow I have a doctors appointment. I don't want pills etc. I just want to know if I've slipped a disc. I'll ask him if I can have a scan

Good luck with it all - I hope you get everything sorted. :xxgrinning--00xx3:

[sars_notd_virus]

Hi all, more problems :bigcry:

When I was born, my foot was on the wrong way. An operation sorted this but my leg is about 1 inch shorter than the other, there's not much movement in my ankle and it gives me very sharp pains if i walk about a mile. Sometimes any distance. So what are my chances of being able to claim disability benefits?

Over the last 15 years I've had a number of jobs. All have given me bad shoulder pains. 1 year ago - in the job I have now - I had to lift a heavy box on top of another box on the top shelf. Since then, I've had a lot of back and neck pain, even when I'm trying to sleep.

Sometimes the 2cubic ft cardboard boxes can be over 25kg. I have to stand while I scan documents, can't sit, cant tell them that I'm having pain in my back because they will put me on a sitting job preparing documents and that gives me nasty shoulder pains, so i can't win.

Also about this scanning job, the hourly count is too high and I've had 2 warnings. It's easy to get the hourly count if the documents are in good condition. This makes the other 4 scanning operators fight for the best boxes and i usually end up with the bad boxes. It only takes one bad box to ruin my average count for the whole day. I've told the boss about the other guys, but she says I still need to get my count. If I don't get my count more than 4 times a month, I'll get further warnings and possibly dismissal.

I'm thinking of quitting this job. I'm only just about hanging on to it after all the time I've had off because of back and neck pain and I've already had warnings for that also.

I have been to an osteopath 4 times - but no difference. The doctor has said to make an appointment at the physiotherapist. I'm still to do this but I think I'll have to pay.

So what do you think I should do? Any advice will be appreciated :xxgrinning--00xx3:


Has your Employer got any Occupational Health or Employee Assistance Programmes?..Ask your Human Resources Department about those.

Every Employer is different or has different standards; rules etc. ...you have to go over what is written and what is stated in your contract papers and your Employee's Handbook if you've got one.

[\\\\ToNy////]

UPDATE:

Went to see the physio at a cost of £65. She didn't think I've got a slipped disc, and has given me some exercises to do plus a free month's pass at their gym. So I'll start tomorrow or Friday.

Been off work since Xmas with these pains and stinking colds. I am thinking of quitting - I'm in too much pain in my back while standing. And when I'm sitting there's too much pain in my back, neck and shoulders. Even if I find a job, walking about gives me sharp pains in my ankle. Think I'm ready for the knackers yard, lol.

Anyway, I'll see how I am after going to the gym for a month and will probably start searching for a new job after my holiday in the Phils.

I hate most of the guys I work with anyway. Chavs and trouble-makers off the housing estate. :thumbsdown:

[fred]

Tony..I feel for you!
Back and neck pain can be almost intolerable..Long term,I bet it gets you down.
I truly hope that your Doc gets you to see specialists that can investigate and get to the true cause.
On top of all that,as if you dont have enough to deal with you have to deal with UK CHAVS!!
Poor .......!
Sounds to me like you could be a genuine candidate for disability allowance.

[\\\\ToNy////]

Been going to the gym every 2 or 3 days for 2 weeks. Been taking it easy there and doing exercises at home. I don't feel I'm getting any better yet. I am thinking that I've got arthritis of the spine and neck - the same as my mom.

Now my sick note ends in 2 weeks and I'm off to the Phils in 3 weeks, so I'm thinking of quitting the job. Or should I ask the doctor for another sick note instead? I don't like ringing work and telling them I'm going to be off longer. It's nearly 3 months off I've had now. But if I quit, I'll be losing the sick pay.

What do you guys think I should do?

[Michael Parnham]

Sorry to hear your progress is slow Tony, hope things get better for you and thanks for the update!