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Medically retired but found fit for work

WarwickWarwick Posts: 3Member Listener
edited November 2018 in Ask an employment advisor
I was dismissed from my job on the grounds of capability. I had been and still off sick.l have had to claim UC. I'v had surgery on one of my legs, a total knee replacement, l'v got to have my other one done at some point in the not to distant future. I do get part dissability pip. For an on-going back problem..I've not yet had my work capability meeting. My surgeon has written a formal letter to my Doctor stating that in his medical opinion l should be medically retired. I have regular fitnotes from my Doctor. My work coach feels that l will be found fit for work. I am 60yrs next year.l really don't know what to do can anybody help. Thank you for your time

Replies

  • JennysDadJennysDad Posts: 2,308Member, Community champion Chatterbox
    Hi @Warwick and a warm welcome to you. Glad to have you with us. Sorry we have not got back to you more quickly. I'm going to forward your post to our team to ask who can best advise you on these matters, so please bear with us and don't hesitate to get back in touch.
    Warmest best wishes to you
    @JennysDad
  • Pippa_ScopePippa_Scope Posts: 5,267Administrator Scope community team
    Hi @Warwick, and a warm welcome to the community!

    I'm sorry to hear this, it sounds like a really frustrating situation to be in. I hope we can help: one of our employment advisors should be in touch soon. Please do keep us updated if there are any developments in the meantime.
  • wizzwozwizzwoz Posts: 22Member Whisperer
    Warwick said:8
    I was dismissed from my job on the grounds of capability. I had been and still off sick.l have had to claim UC. I'v had surgery on one of my legs, a total knee replacement, l'v got to have my other one done at some point in the not to distant future. I do get part dissability pip. For an on-going back problem..I've not yet had my work capability meeting. My surgeon has written a formal letter to my Doctor stating that in his medical opinion l should be medically retired. I have regular fitnotes from my Doctor. My work coach feels that l will be found fit for work. I am 60yrs next year.l really don't know what to do can anybody help. Thank you for your time
    Hi warwick n welcombe
    Ths sounds a bit odd as your coatch has no rite to have said that as he/she is not a surgen or GP in regards to your ongoibg back problem if it restricks your mobility day to day and you take pain relefe meds for your pain you should be put in the suport group.wright to the manager of ESA along with supporting medical evedence and reports from yout GP and specialusts your under and explain that you should be in the suport group send coppies of everything put your natinal inshurence number on the top of each coppy so they cant get lost and send it to them special delivery that way they will get it 1om the next day and it cant get lost good luck 
  • wizzwozwizzwoz Posts: 22Member Whisperer
    Sorry about the spelling mistakes its my silly keypad 😂
  • WarwickWarwick Posts: 3Member Listener
    Thank you for getting back to me so quickly. There would be loads of spelling mistakes in my letters had l not got spell check !    I did ring up the UC helpline when l first started to apply for assistance, l said "l'v got.long term health issues and l'v been dismissed from my job as a carer for nearly 12yrs, on the grounds of capability. I,'v been off sick for the last 15months+. Should l be claiming ESA or am l claiming the right one in UC". They told me that UC was what l should be claiming. I just assumed that ESA did not exsist anymore. Looks like l need to read up on this ESA support group, my "work coach" has given me a leaflet called "welcome to the Work and Health Programme".  It's run by the "Shaw Trust" ,www.shaw-trust.org.uk  Saying Building a brighter future, that works for you. Is this the ESA support group ?      This is do confusing. Thank you so much for your advice l will start to look on the internet hopefully at some point it will start to be a little clearer, but at this point it's not. Thanking you you for your support.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,541Member, Community advisor Chatterbox
    Hi @Warwick  I am assuming you are living in a "full service" UC area but you can check here:  www.universalcreditinfo.net and add your postcode to find out.  If you are not in a full service area, you should seek advice again quickly.  So, assuming you ARE in a full service area, it is most likely that you should be on UC although it is possible if you have also paid sufficient National Insurance, that you may be entitled to contribution based ESA - now called "New Style" ESA.  This type of ESA is a fixed rate so if you also wish to have financial help with your rent or for a partner, for example, you would still have to claim UC for those expenses.  The Work Capabilty Assessment (WCA) is the test used to assess whether a claimant can get benefit due to an incapacity for work.  It is the same test for ESA and UC. My advice would be to gather medical evidence ready for the WCA.  You do not mention completing a UC50 form, this is the form where you can explain how you are affected or limited by your health conditions; you can also send in additional evidence with this.  After that, you may be asked to attend a face to face assessment, again you can provide any additional medical evidence at this meeting.  The DWP will write with their decision once it is made.  It is not your work coaches decision whether you pass this test or not so I would advise you to go through the process providing as much information as you can.  If you 'fail' the test, there are formal rights of challenge, firstly by requesting a mandatory reconsideration within 1 month of the decision, hopefully it will not come to that.  Best wishes. 
    The Benefits Training Co:
    Paul Bradley
    Will Hadwen
    Sarah Hayle
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland
  • WarwickWarwick Posts: 3Member Listener
    Thank you all from the Benefits Training co. I found this information very useful and helpful. I live unfortunately in the area that UC was first introduced. The form/,booklet UC50 you mentioned l have filled in. I think it is just a very long wait untill your turn comes around.  Thanks again for everybody that has given me information and advice. You have no idea how much you have helped me to start moving forward . Thank you again 🐾
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