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could i give my job up and claim benefits before i am diagnosed

tissue40tissue40 Posts: 2Member Listener
edited June 14 in Employment
Hi i am currently working in a kitchen , i have been having problems with my leg ankle and foot they go nu.b hit tingle and get an excrutiating pain down one leg which stops me from walking, i have been the doctors and they have said its either pvd or spinal stenosis i have been like this for a year and 5 mths in work i am in agony, im wondering if i could give my job up and claim benefits until i am diagnosed 

Replies

  • Pippa_ScopePippa_Scope Posts: 2,842Administrator Scope community team
    Hi @tissue40, welcome to the community!

    Thanks for sharing this with us, and sorry to hear about your pain. Before you decide to move on, it might be worth considering whether there are any reasonable adjustments that could be made by your employer to support you at work? You can find more information about this process here.

    Benefits are awarded based on how your health issues affect your life rather than the condition itself so in that respect, I suppose it wouldn't matter whether you had a diagnosis or not, if you had a strong application and good medical evidence. You may like to have a look at the online benefits calculator to get you started, to see whether you may be able to claim. This PIP self-test may also be helpful.
  • tissue40tissue40 Posts: 2Member Listener
    Hi i have been taking off deliveries there is nothing else i can do to make my job easier for mysekf, there is lots of physical work bending stretching pot wash carrying climbing ladders 
  • rennerdavidrennerdavid Posts: 1Member Listener
    it will be nice for you to give up your job and claim your benefits then get diagnosed,after which you can take your time and look for some other job which.
  • mikehughescqmikehughescq Posts: 1,339Member Chatterbox
    Wholly agree with @Pippa_Scope here. Look at RAs under EA10 first. 

    Whilst you don’t need a diagnosis for PIP or ESA there needs to be acceptance the symptoms are real and, in some cases, that can be harder where there’s no diagnosis and could mean that getting supportive medical evidence becomes simultaneously more relevant but may muddy the waters further. 

    At at this point I’d also say 17 months on that sort of pain to not yet have a diagnosis is ludicrous and you need to start pushing on that front.
  • aaronw3440aaronw3440 Posts: 54Member Whisperer
    I think you can get esa which solely requires sick notes from your doctor which will eventually end up going for an assessment then theyll tell you that you do not have to send in sick notes every two weeks where you'll be put in one of two groups either the prepare for work group where they expect you to recover at some point in the future or the support group and although PIP is how it affects you day to day you'll still need a diagnosis of some sort as the doctors only have 10 minutes with each patient so you'll only get a basic letter which includes diagnosis they don't go into detail of how it affects you day to day where as any other professional you've been referred to will give a short but much more detailed letter because pip will say there is nothing wrong with you to support the claim without having a diagnosis as they will not ever contact your GP or anyone to back up the claim and include care reports,  medical records relevant to the condition , family statements , gp and other specialists letters also Esa is no longer called esa new claimants have to claim universal credit which is now paid monthly not fortnightly as the only esa that' still around is contribution based and that' only if you've paid enough national insurance
  • mikehughescqmikehughescq Posts: 1,339Member Chatterbox
    @aaronw3440 I’m afraid that’s not accurate. Both benefits can be disk,ed without a diagnosis and that has long been the case. 
  • aaronw3440aaronw3440 Posts: 54Member Whisperer
    @aaronw3440 I’m afraid that’s not accurate. Both benefits can be disk,ed without a diagnosis and that has long been the case. 
    Pip actually can't that's why I got the dreaded can't be awarded because I did not supply it until the reconsideration which I'm still waiting on the decision from that  a doctor's letter only has your diagnosis and medications on they don't go in to any detail of how it affects you from day to day or what you can and can't/struggle to do that's  down to you to put how it affects you in the form or on a separate sheet with the name and national insurance number 
  • mikehughescqmikehughescq Posts: 1,339Member Chatterbox
    Sorry bit I’m going to disagree again. There is nothing in the PIP regulations, case law or guidance which requires a diagnosis. Just a physical or mental impairment i.e. symptoms that are accepted as real. Has always been the case with all disability benefits going back to the introduction of the original Attendance and Mobility Allowabces back in the 1970s.
  • markyboymarkyboy Posts: 122Member Chatterbox
    There may not be anything in the regulations about a diagnosis but having had 3 assessments in my life time i was always asked who has diagnosed your condition and are you under a specialist for your condition and on two occasions in the statement of reasons it was stated that no one from the medical profession had actually diagnosed your condition.
    The DWP have their own interpretations of the law when it comes to PIP
  • mikehughescqmikehughescq Posts: 1,339Member Chatterbox
    They do indeed but ultimately there’s no legal requirement for a diagnosis and if the symptoms themselves are not disputed then the lack is never ultimately detrimental. Have won many appeals on that argument alone. 

    Bear in mind that the most significant reason a person gets asked about their diagnosis, especially at appeal, is that the HCP believes the diagnosis is wrong but is professionally unable to say so. Often the diagnosis is dangerously wrong e.g. the wrong type of arthritis. One can be treated. One cannot. CFS/ME is another one. I’ve seen multiple diagnostic changes when a tribunal has hinted about diagnosis and I’ve used that to urge the appellant to seek a second or third opinion. 

    The assumption that health care or medical professionals are wholly against claimants is misguided, arrogant and often dangerously wrong. 
  • cazza62cazza62 Posts: 22Member Whisperer
    hi sorry to but in ......I am currently claiming uc and my doctor as signed me off work I have got fibro and got limited movement in my neck and shoulder do I have to tell dwp that I am off work I could not claim esa as the uc is in my postcode 
    at the present time I have appeal as pip didn't give me enough points just waiting on my bundle to arrive thanks in advance 
  • aaronw3440aaronw3440 Posts: 54Member Whisperer
    cazza62 said:
    hi sorry to but in ......I am currently claiming uc and my doctor as signed me off work I have got fibro and got limited movement in my neck and shoulder do I have to tell dwp that I am off work I could not claim esa as the uc is in my postcode 
    at the present time I have appeal as pip didn't give me enough points just waiting on my bundle to arrive thanks in advance 
    @cazza62 UC is now replacing Esa so when your sick note runs out they'll send you for an assessment where you'll be placed in one of two groups either the prepare for work or the support group dwp will contact you via letter when you have to attend the assessment the change over from income based esa to UC will be only for those who are on income based esa before UC was fully introduced and as you've sent in a sick note all you really have to do is attend interviews with your work coach 
  • cazza62cazza62 Posts: 22Member Whisperer
    @aaronw3440 thank you for your response I have given my work place my sick note should I have given it to UC thanks 

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