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Health Assessment DWP and employment

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2 years 5 months ago #272782 by Pinklady23
Health Assessment DWP and employment was created by Pinklady23
I am employed and had to make claim for UC due to fact my pay went from half pay to NIL pay. I am currently going through Ill health medical retirement via work.
I had to submit a UC50 and have a telephone call assessment in 2 weeks.
Need advice as work stating I'm in breach of contract if DWP making me go for Health assessment , DWP saying I've got to attend or they will sanction me .I only recieve UC money and NIL from work.
Work saying DWP assessment detrimental to my ill health outcome , and DWP not understanding my situation despite lots of evidence .
So I'm on paper still employed and in breach if DWP telephone says I'm fit for work . I've got PTSD work related.
Can anybody guide or advice me what to do.Thank you in advance.

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2 years 5 months ago #272811 by Gary
Replied by Gary on topic Health Assessment DWP and employment
Hi Pinklady23

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

I cannot see how you are in breach of contract if you are off sick and not receiving any SSP, I would contact Acas for advice; www.acas.org.uk/advice

I would also contact your local Welfare Rights Organisation for advice, they can take all your circumstances into consideration; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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2 years 5 months ago #272840 by Teddy
Replied by Teddy on topic Health Assessment DWP and employment
This really sounds like you need specialist advice. If you get ill health medical retirement would you then be paid under that? If you will be paid something when you have to take the medical retirement maybe there is a risk it would not be paid if UC find you are fit for work - so your work might be concerned about that? How long will it be till your medical retirement comes through - would it be backdated? Can you manage until then or is it still a long time away? When you get advice you would need someone to look at the specific terms and conditions of your employment and the medical retirement aspect, so I would be careful that you get someone suitably qualified.
This forum is really about the benefits side and to claim UC and say you are not fit for work, they do require an assessment even if you think it is obvious you are not fit for work. I guess if you go for the assessment it is therefore a risk.
If your work are pressing you not to have the assessment maybe you can negotiate with them to advance any of the medical retirement money and you agree to repay it when it comes through? Its the sort of stuff employment lawyers deal with but I guess you can try ACAS and see what they say.
The following user(s) said Thank You: Gary

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2 years 5 months ago #272896 by Angel
Replied by Angel on topic Health Assessment DWP and employment
I would chat to your union and your pension fund, also read up on any employment policies in your place of work. Your employer cannot expect you to live on fresh air and is being totally unreasonable. Each ‘ill health retirement’ policy is decided by your pension fund. Maybe make that your first call. One of mine was ‘refused’ even though I hadn’t been able to work for several years. Read. Read. Read.

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2 years 5 months ago #272904 by Angel

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