19years down the swanny !!!

[flowerflump]

In July 2012 I went off with a prolapsed disc. My dom authorised physio which I attended and I was contacted by atos on a regular basis. I was also given intense physio by the nhs on a weekly basis and my back was gradually getting less painful. This went on for approximately 6 months. During this time I was in regular contact with my dom and atos. As a result of this I had to attend a medical with atos. During this meeting my back was never examined and all I was told to do was stand up and put my arms out in front of me . I thought that was very strange. Anyway in his opinion I would be capable of returning to work in the future so I wasn't eligible for IHR. Another month passed then atos advised that I should have an MRI scan which I attended. A supposed back specialist rang me to discuss the results. According to the results I had " extensive degeneration " to the discs in my lower back and in his opinion I wouldn't be able to return to work in my current role as a postman and I now met the criteria for IHR. I was gutted!!!! Within 24hours my dom had an IHR lump sum figure for me . At this point I had been off for seven and a half months . I was left in a sticky situation . The union reps I spoke to were of no use whatsoever and I was poorly advised by them. There was a re pick due in a matter of weeks so I asked my dom if there was a chance I would be eligible to work indoors due to my back problem. This was met with a firm NO and at this point I realised I was deemed surplus to requirements and was offered no adjustments or any other positions within the company. In other words you have done the donkey work for 19 years , now you are broken,on your bike!!!!!. Again,with poor advice from my union I accepted the offer of IHR and left the business. Now for the sting in the tail......... During my sickness I was receiving treatment by the nhs and had an appointment with a specialist . This was after I had had my MRI but not before I left the business. I showed him the results of the MRI and in his opinion my scan was really no different to any one else of my age. Sure ,there was thinning of the discs but that is a natural thing that happens to everyone. And in his opinion the contents of the atos report were exaggerated and painted a worse picture than the problem was. Would an atos doctor beef a report up to make you feel like you are knackered? I don't know but when I was told my back wasn't as bad as I was led to believe I was furious. I have since been attending a pain management course and I am 99% back to my normal self. I know the job was getting harder but to be tossed aside with no retraining or adjustments I feel I have been let down big style by ROYAL MAIL..Would I be able to take further action against the company to get reinstated ? Why was I not offered adjustments to my job? Any advice would be greatly accepted!!!!!!! . Ps I left the business in March 2013 .

[adb2aber]

Bit late to say it now but your GP/appropriate NHS specialist are always the last work on your health. ATOS are put in by the company with the companies agenda in mind. NHS is for you first. Atos don't like what the NHS say? Tough on them, you go on that and that alone. Refuse them access to your medical records and keep them where they belong - at a distance offering thoughts based on nothing. They have no real knowledge of your actual health and situation and no business offering opinions before your GP.

[dvbuk55]

You had 7 months plus on the sick, you attended an MRI Scan and a specialist gave his considered opinion that you would not be capable of continuing as a postman, you then went to the union for advice (the least said there the better), was offered IHR and took it on the advice available, good, bad or indifferent.
You have, with treatment, almost recovered to your normal capacity but that is since March - 9 months - taking the previous 7 months plus added time for ATOS etc you're looking at close to 2 years inactivity. After IHR you can reapply after 2 years anyway and provided you pass various screening could be re-employed but as for making a case against RM you made the choice to leave on the offer made and my guess is it could be an expensive negative but try one of those solicitors free surgeries and get their advice; it'll cost nothing.

[parcelboy]

"Dissabillity Discrimination"sounds like an option to consider.If your condition is ongoing for twelve months or more .Your Dom is a dick to totally dismiss your work capabilities as he is not qualified to make judgements.You should have been offered some form of "reasonable adjustments".But i suspect like in other cases its cheaper long term to get rid and they take some chances.Get back in touch with CWU and tell them you would like to take it further,dont let them fob you off like they do with so many who have given more than there fair share to this bacward thinking company.Good luck

[spilie]

well I know it might be no consolation for the s**tty treatment you have had but ATOS are the ones in charge of invalidity benefit so I would suggest that you apply for one of these benefits and use the ATOS report as proof of your disability, again you may wish to work rather than sit out of work but if on one hand you are so disabled you cannot work then you must qualify for benefits for being disabled. Some of these benefits are equal to a decent wage so if they want to ruin you by exaggerating your disability then f**k them and use it to sit on your arse. But again I understand you may be wanting to work but honestly the likelihood of doctors criticising doctors is a very long shot and we all know medical opinion is just that an opinion, good luck in whatever you choose to do

[General Mannerheim]

well I know it might be no consolation for the s**tty treatment you have had but ATOS are the ones in charge of invalidity benefit so I would suggest that you apply for one of these benefits and use the ATOS report as proof of your disability, again you may wish to work rather than sit out of work but if on one hand you are so disabled you cannot work then you must qualify for benefits for being disabled. Some of these benefits are equal to a decent wage so if they want to ruin you by exaggerating your disability then f**k them and use it to sit on your arse. But again I understand you may be wanting to work but honestly the likelihood of doctors criticising doctors is a very long shot and we all know medical opinion is just that an opinion, good luck in whatever you choose to do

Spillie you do know that Atos will assess him as being fit for work , they have done this to countless other people(I speak from experience )the report he got off them whilst in the employ of RM will be null and void as that is a work based decision taken at the time,applying for benefits and then going for a medical with these medical experts consist of just being able to make yourself a drink or able to sit for say 25 minutes without pain,your fit to work.
Disability discrimination would be hard to prove because he's left it far too long to take it to a tribunal,he could still do it but would have to prove that it's ongoing discrimination, but as he's sat at home and away from work how's he going to do that?

[spilie]

point taken general but without the detailed reports and all the medical details I would still feel confident accompanying him to a disability board, and also I would investigate the possibility of the damage having been caused by the job because nowadays we have HCT and lightweight trolleys that are there to take weight of shoulder so that in itself is a recognition of a problem, so maybe the future for posties is the same as former miners with claims for illness related to former employment

[Groundpounder]

After having one knee fixed years ago and now the others gone I was asked do you do any sport by the specialist ? When I replied no nothing but I've been a Postie for 25 years he said the reason for my knee must be just one of those things then ,I said it's a very physical job and he said walking around outside is no different to walking around inside, to this I said oh ye how many hills you walked up inside and to that he replied you have to ignore pain.This person is an NHS surgeon.

[borders]

"cannon fodder " comes to mind

[pcb]

Due to your NHS consultant saying that the prognosis diagnosed by ATOS was wrong you might be able to claim wrongful dismissal through an ET. The TIMEFRAMES are strict but if new evidence comes to light you might be given leave to apply.
Speak to your solicitor.
You should have been given preference in any indoor duty under the Equality Act as you were presumably under meds, it' was long term and effected you very day.

[motch]

After having one knee fixed years ago and now the others gone I was asked do you do any sport by the specialist ? When I replied no nothing but I've been a Postie for 25 years he said the reason for my knee must be just one of those things then ,I said it's a very physical job and he said walking around outside is no different to walking around inside, to this I said oh ye how many hills you walked up inside and to that he replied you have to ignore pain.This person is an NHS surgeon.

I'd think accelerating/slowing down for every letterbox/gate, twisting, turning, bending down for low letterboxes, high steps and hills, clambering over binbags, most days for 25 years all this with a bag on the shoulder for most of it would cause more wear and tear on your body than walking over to the botted water, photocopier, coffee machine in a office most days for 25 years. Perhaps i'm wrong who knows..