Sickness Query

[benjibutton]

Hi Guys/Gals

I hope you can help.Been off work with work related stress for over a year.Even company doctors ( Occupational Health) agree I am ill- depressed etc.3 of their reports show job change caused problem Ran out of SSP, onto ESA - should state I am disabled. Current sick note expires June 1st. Just been informed have 3 options

Return to work within 4 weeks

Agree to redeployment ( they will help me find a new job in Group - if there are any ) & then return to work within 12 weeks

Attend meeting to dismiss me for being unable to fulfill my contract

Since their sickness benefit scheme is the only one saying I can work in some capacity they will not pay out.

They want a response within 1 week

Any suggestions?

Thank you

[honeybee13]

Hello there and I'm sorry to hear about your problem.

 

I don't know as much about employment law as other people who are sure to turn up soon, but I will comment on the insurance aspect. Is that what the sickness benefit scheme is? And are you able to tell me who the insurance company is?

 

If I understand your post, you have been asked to go back to work within 4 weeks of 1st June? Or take a different job within 12 weeks of 1st June? I don't understand why there are different time scales, maybe I'm thick.

 

As I said, I wouldn't want to comment on redeployment or on not fulfilling the contract.

 

Assuming the sickness benefit is with an insurance company, are they saying that you are able to perform some kind of duty with the company, but not the job you were in before you became ill? Some policies say they will pay the difference in salary if you move to a less well-paid but more suitable job. Many of them want to do this, to reduce the amount they have to pay out.

 

I was also told I was fit for work by an insurance company, but showed them enough medical evidence [including from an OH consultant] to prove I couldn't go back to where I was. Work did offer me a different job, but the work was too heavy for a back problem I had and still have.

 

Please tell me more if you can. Have you seen the details of the scheme and how it works? If not, you should be given them by your employer.

 

Feel free to PM me if it helps, but I will try to keep comments on the forum.

 

Try not to worry too much, we will do our best to help.

 

My best, HB

[benjibutton]

Hi

They are talking about WITHIN 4 weeks & within 12 weeks from now. not 1st June

Yes it is an insurance company. Will pm name

Cheers

Benjibutton

[honeybee13]

Guys, how can they ask someone to return to work when they have a sick note?

[Bigredbus]

Hi 'benjibutton',

 

What are your intentions? - or what do you want?

 

Do you want, or do you feel strong enough to return to work?

[benjibutton]

I can't go back - my doctor won't let me- Increased medication in the last few months & I am so close to cracking completely uder their pressure.

They are saying a lower stress job etc but itis still too much for me to face

Benjibutton

[Bigredbus]

Does your employer have all the medical evidence?

[honeybee13]

Hi benji. I got the message with the insurance company's name. They are well known in the industry for wanting to get people back into work.

 

Have they sent you to see someone to have your condition assessed?

 

And have you seen a psychiatrist or mental health professional?

 

My best, HB

[honeybee13]

Hi BRB, I think our posts must have crossed. HB

[benjibutton]

Hi

Yes, 3 Occupational reports where their doctor agrees with mine + they have asked sickness insurance company to review andoverturn their decision twice

I have contacted Financial Ombudsman but their decision won't be known for 6 months

Cheers

Benjibutton

[benjibutton]

Hi

No psychiatrist, but saw a counsellor who agreed that I am unable to work

[honeybee13]

On the occupational reports, 'their' doctor is the company's one? So why are they going against what he/she said and ordering you back to work please?

 

HB

Edited March 18, 2010 by honeybee13
typo

[honeybee13]

Benji, did the insurance company send you to see anyone, or send them to see you? And was it a doctor, a psychiatrist or a nurse practitioner, do you know? HB

[flower2]

Ask for copy of reports from company doctor.

 

They do not have a leg to stand on if they are going against the company doctor.

 

Medical Certificate actually reads advised not to attend work, not can not.

 

I think if you meet with them to see what the alternatives are & then talk over with your own doctor and the company doctor. If you don't they could say you did not want to be helped.

 

I remember from my last job, the company dismissing someone who was off with depression & the tribunal ruled the comapny had just made the depression worse.

 

Chin up not all is lost.

[benjibutton]

Hi

Sorry for delay - visitors

I have copy reports from occupational health doctors which state unable to return to work at present time and my condition due to work systems.

HB noone sent to see me only their managers every 6 weeks -duty of care!!

When I mentioned the other day that if the insurance company didn't pay out I would take advice as their doctors have admitted liability, the attitude changed and now they are trying to pressure a decision from me- when I asked what if Financial Obudsman overturns insurance company decision albeit in 6 months their reaction was that will not alter situation

[flower2]

Did they come to see you at home? or did you go to work.

[benjibutton]

They come to my home every 6 weeks , and phone every week. I told them ages ago my doctor says it's too much contact but they said it is their duty of care to staff policy- The first time last year I went into work, but suffered a panic attack so when I couldn't go in they said they must come out to see me

Benji

[honeybee13]

Hi again Benji. Re the insurance company, are you saying you haven't actually seen someone they appointed to assess your state of health or mind?

 

I don't see how they can decide on your fitness for work just with paperwork.

 

Sorry to keep asking questions. HB

[flower2]

If your doctor says it is too much contact ask him if he can do a letter stating that & ask him/her to send it to the company doctor not HR or line manager. Any OH doctor worth his salt will tell them to stop.

 

At the end of the day it may not stop them doing what they want, but you are building a defence to take them to tribunal.

 

Also have you asked ACAS for help?

[benjibutton]

Hi HB

No problem

All they did was a one hour telephone call right at the beginning by a nurse, take my GPs notes out of context - she then reissued info to them when requested and decision against me has been appealed twice by my employers - they won't talk to me direct.

Was advised as no solicitor wants to know a case egarding mental health, to use Financial Ombudsman which I have dne, will take approx 6 months due to backlog

Benji

[honeybee13]

Hello Benji. Do you know what steps your employers took to ask the insurance company to reconsider at all?

 

I believe that your GP or an Occupational Health doctor could write to the insurer's Chief Medical Officer [CMO] to ask how they reached their decision, or challenge it and ask for it to be reconsidered on medical grounds, by a suitably qualified independent medical practitioner. And in person, not over the phone. A stressed person is unlikely to give full answers to questions.

 

Have you seen the medical reports submitted to the insurer about you, or their nurse's notes of the phone call?

 

My best, HB

[honeybee13]

PS I agree with what Flower2 suggests. HB

[benjibutton]

Hi HB, Flower2

I don't know steps taken by employer, only have occupational health reports(3) and insurance companys' decision letter stating that despite OH reports their decision remains unchanged.

Obviously I am not going to comply with their 4 wk/ 12 week requests and I won't respond upon start of dismissal process ,so I think Acas isanother optiopn from reading forum posts

Cheers

Benji

Edited March 19, 2010 by benjibutton
name removal

[flower2]

Just another thought.

 

Ask for copies of the reports from each visit.

 

Do you see them on your own, if so stop always have a witness, you are entitled to have one, don't call them a witness though probably just a friend for support.

 

If you have contacted the FOS you should have a ref no. quote it to them, the FOS are not taking that much time to respond at the moment. I put a complaint into them in November & thay took the case up in January, with an offer at the end of Feb.

 

Not true a solicitor will still take your case on a no win no fee if you have a case, but why pay when your local CAB should help.

 

If you have been off work for over a year then your sick notes should be being sent to the benefits people and have the benefits people not had you to see their medical people. Usually once they agree you are disabled then they will write to you telling you no further sick notes are required however they do not write to your employee. Your employees can not then ask for them. However not too sure about the insurance company think they maybe can but do not know too much about insurance.

[benjibutton]

Hi Flower2

Good thoughts will ask for copies of visit reports.

Wife always present.Have FOS ref number - girl there said case just allocated - complaint Dec - she said about 6 months.Sending sick notes to benefits + copy to employer, as they said they have to have it. Saw benefits doctor who recommended me to get DLA, so at least he must think I am ill-!.

Benji