Sickness Query

[flower2]

That is fair enough for them to ask for a copy. Wonder what they will do if you get DLA your GP is quite entitle not give you sick notes.

 

You could SAR them they may charge you £10 but you will get everything they have on record about you. However I would be tepted to ask for a copy, play dumb, if they have nothing to hide they should not object.

 

Sorry have to go now any further questions you have that I can help with I will reply in the morning.

 

Sleep tight as far as I can see they are in the wrong.

[honeybee13]

Benji, going back to your post #23, I'm surprised the company haven't given you much information. Have they said anything to you in meetings or phone calls about correspondence with the insurer?

 

If you've ended up with the Ombudsman, it would suggest that they've exhausted the internal complaints system, but do you know if they tried that?

 

My best, HB

[benjibutton]

Hi HB

The only comments from my manager & R on home visits with regard to insurers is that they have asked for decision to be reviewed. Now that appeal process is finished that is why they are looking forme to go back within 4 weeks,or redeploy in group within 12 weeks or attend meeting at offices for dismissal as I cannot fulfil contract. I am going to ask for their 3 options as discussed in writing and also for copies of home voisit reports

Benji

[honeybee13]

Hi Benji. Of course you want it in writing, I'm amazed they haven't done that.

 

This confuses me on a couple of fronts. Leaving aside why they want you back when you're on sick leave for a moment, why is it 4 weeks for your old job and 12 weeks for a different one, assuming you can do it?

 

So they've appealed the insurer's decision, but have they gone through that company's internal complaints procedure? The fact that you're going to the Ombudsman suggests that they may have done so, but it would be good to know for sure.

 

I imagine you're in touch with the Ombudsman because they don't deal with companies and so your employer can't lodge a complaint there?

 

It would be interesting to know the legal position if someone goes back to work when they're 'signed off'.

[flower2]

Hi Benji

 

Just some more thoughts.

 

Did you know as from the 6th April 1010 GP's will issue fit notes & not medical certificates. These will allow a GP to put more info on i.e. work hours, when you are likely to return to work or anything else that is relevant.

 

Also what do your terms & conditions say about sickness absence & stress/depression.

 

Did you sign a Access to Medical Records Form before being referred to OH.

 

Changes to the Disability Discrimination Act 1995 (DDA) in December 2005 mean that mental illness no longer has to be a clinically well-recognised condition to be covered. So ‘anxiety’, ‘stress’ and ’depression’ may be sufficient to qualify a person as disabled and therefore covered by the DDA, as long as there is a substantial and long-term effect (for at least a year) on their ability to carry out normal day-to-day duties.

[honeybee13]

Hi Benji and Flower2. I was thinking about the DDA too. Benji is already on DLA, so as he says, even the DWP think he has a problem. And DLA seems quite hard to get, reading the Benefits forum.

 

Benji, are you able to tell us what your disability is? I guess receiving DLA isn't proof on its own, I'm not sure how you prove it.

 

If your employer chooses to say that you can't fulfill your contract, the DDA makes it much more difficult for them. For instance, they're expected to make reasonable adjustments at work to enable you to do either your old job or a different one. I realise you don't want either of them, but it may slow them down a bit. And then there's the depression aspect of it.

 

I'll keep thinking about it. My best, HB

[benjibutton]

Hi HB & Flower2

Access to medical records was signed at the beginning

Disability was caused by stroke but I could cope OK before, then work related stress was diagnosed with depression.GP says that I have suffered a form of breakdown mentally aside from the physical aspects increased, ie tremors in my hand have increased, mobility decreased etc Medication has increased. There is no argument from any doctors inc employers doctor that I am not well & work is to blame, hoever insurance won't pay up & now employer is putting pressure on

[benjibutton]

Hi Both

Ref pm. Insurance company state I can follow an occupation, albeit ot my normal occupation. My GP & employers GP say I cannot follow ANY occupation at present

Cheers

Benji

[honeybee13]

Hi Benji, thanks for that, it's what I expected.

 

One more question please, then an answer. Is there an intermediary involved with the sickness policy? If there is, I would expect them to be stirring things with the insurer. Of course, your employer may have taken the policy direct.

 

Going back to what I said a few posts back, my OH thinks that your GP and the company's GP or Occ Health doctor should write to the CMO [Chief Medical Officer] of the insurance company. Typically, your claim would be looked at by a claims handler who sits at a desk and decides if the policy conditions have been met. OH thinks this should be escalated to the medical man so he can look at the medical facts.

 

If the CMO is prepared to change the decision, it would short-circuit the Ombudsman process.

 

Sadly, the insurer you are not happy with is the same one that disagreed with qualified medical opinion when I claimed. They are renowned for thinking that work is good for people, even those with mental afflictions. Of course it saves money too....

 

My best, HB

[benjibutton]

Hi HB

No intermediary is involved, but inerestingly my manager let it slip group has only dealt with " you know who " for last 18 months.

My GP would write - no problem but OH doctor is only a fee earning GP for my employer so I dont know if he would bother to get involved

Benji

[honeybee13]

I don't know what other people think about this, but if their own GP is saying you're unfit for any work, don't they have a responsibility to look after you and help you? Do you think this back to work thing has been sparked off by the insurer declining the claim? I'm not saying it's logical, mind you. I still think it's worth a try. Not quite the same, but I saw an OH man and he was on my side, I felt and was happy to help me.

 

If your GP would write to 'you know who', I think it would be helpful, can't imagine he or she is too pleased about all this.

 

HB

 

Do you read Harry Potter? 'You know who' is the arch enemy, he who must not be mentioned.......

[benjibutton]

Hi HB

Voldemort is quite appropriate!

I will contact my GP as well as theirs. When bI hear back I will pm you and Flower2 with results.

Thank you both

Benji

[honeybee13]

Good stuff, please keep us posted.

 

What is your plan with the employer, sit tight until they make the next move?

[benjibutton]

Hi

Already emailed for written info regarding home visit reports etc. Will contact GPs'. Will not respond to their options as I am off sick for another 3 months and they have received copy of sick cert. When they make next move will update info

Cheers

Benji

THANK YOU EVERYONE

[honeybee13]

You're welcome, Benji. Please keep us posted.

 

Are you planning to speak to ACAS when you have time?

 

My best, HB

[benjibutton]

Hi HB

Ye Acas as well - forgot them!

Cheers

Benji

[flower2]

Rather than you speak to thier doctor why not ask your GP to write to him/her. Would cut out the possibilty of you not relating all that is said, also I would think you will get a better outcome as 2 medical proffesionals will be talking to each other.

[honeybee13]

That's quite possible, Flower2 and definitely worth a try.

 

We're talking about different things though, I'm trying to help Benji to get the insurer to pay out, so one or both doctors need to write to the CMO as well.

[flower2]

Yeah I think we are. I did say ealier I don't know much about insurance. What I did latch onto is they can not just dismiss someone without exhausting all options.

[honeybee13]

Sure Flower2. I'm not trying to cover the employment side, don't pretend to know the answers. Let's hope we both help Benji to get a good result.

 

My best, HB

[benjibutton]

Hi

Here is an update. Sickness insurers have written quoting Financial Ombudsman Case ref no stating opposite to employer that final decision not made and they will investigate claim. Employers have issued copies of home visit reports as requested & still state that they expect a response rom me telling which option I accept by 1/4 at latest

Obviously I am not giving them any decision at present - Any other thoughts?

Benji

[flower2]

I think you either need to have a report from your GP to Occupational Health doctor or see the Occupational Health doctor.

 

I feel that if you do not agree to talks with your employees they could say you are not helping yourself. I don't think you need to agree to any of the options but do need to talk to them to see what they have on offer.

[benjibutton]

Flower2

You are a star - as usual will organise this next week

Thank you

Benji