Post by gized on Jun 12, 2016 10:26:05 GMT 7
Working more than 15 hours per week.
If it can be shown that a person can work 15 hours or more per week, could be problematic, but not necessarily.
However, it doesn't mean that's the end.
CITW
One also has to show a CITW.
Can you work more than 15 hours per week for the next 2 years?
Could you do this without a program of Support?
If the answer is you would need to be retrained, or supported for the next 2 years, the answer is you won’t come off the DSP. That it the retraining will benefit you and you can maintain that training for 2 years, without disruptions, no delays, not time off due to illness/disability etc AND it will help you to enter the workforce and remain their for 2 years, without hiccups, time off due to illness, disability AND IT will not make your condition worse etc.
Only if one can work 15 hours or more per week for the next 2 years, without a Program of Support, and not have too many days off, then they will come off the DSP.
You see it’s like this, work mean 15 hours per week and UNSUPPORTED work.
It means outside of your home, in the mainstream, like most people.
Can you catch the train, tram, bus, walk and then get where your work is and work 15 hours or more per week?
These are things that are considered.
Even if you could work say 20 hours per week. Can you really do this for the next 2 years without any problems at all?
Even if you were retrained, would that retraining really help you get a job (considering ones disability) AND MAINTAIN that job for the next 2 years in the open market WITHOUT TOO MANY BREAKS with your condition?
That is can one do this for the next 26 weeks without too many days off, due to their illness/disability?
Let’s see an example of this.
For example, if ones worked for 18 hours per week, in the open market like most people.
Now this person has been employed for 2 months so far. So far their doing pretty good. Now looking back on the 2 months, they have taken out of those 2 months, 3 weeks off work due to their condition etc.
This person cannot be said to maintain work. They have had to take too many days off work due to their disability.
If however they have been there for 2 months, and have had 2 days off work, then that's pretty good. It shows the impact of their disability upon them functioning is not too limited, not too restrictive.
My suggestion is gather evidence, report all your symptoms, request copies of all tests you have had from your treating Dr.
Keep them in a file at home.
Keep all receipts for all meds etc you purchase for your condition etc.
The law is pretty clear.
If one has had a condition for 6 months and they are claiming DSP or reviewed, this condition would not be taken into consideration.
Why not we ask Gized? because the person has not had it for long, and they have not exhausted all reasonable treatment. So this will not even get a look in by C/L or the Tribunal.
If though they have had a condition for more than 2 years, and have tried all reasonable treatments, and still no improvement to allow them to work/ function, the Tribunals and or C/L will take this into consideration and give it a score. Even if it gets a score of 5, its still a score. Add that to all the other conditions that have been Fully treated diagnosed and stabilized. See your score starts to get a little higher.
If one says they have asthma, like myself, this is not an issue for me, so I would not include it in a medical review. This is stable for me and being managed. But for some others, their asthma is severe and v problematic, so they would include this on their forms.
I also encourage anyone that has been offered a job, and they can do this, to consider taking it.
You can still retain your pension while working.
In fact, C/L like this kind of person/s.
You will lose your eligibility when your income/assets exceed the allowable limits.
Its not just if one works 15 or more hours they will lose their pension. No!!! they wont, as it then needs to be considered regarding their CITW and the score they received. I have discussed CITW above.
Case law is there as it the legislation. It will look at the factors I mentioned above.
I do hope this is of some help to us in the forum.
If it can be shown that a person can work 15 hours or more per week, could be problematic, but not necessarily.
However, it doesn't mean that's the end.
CITW
One also has to show a CITW.
Can you work more than 15 hours per week for the next 2 years?
Could you do this without a program of Support?
If the answer is you would need to be retrained, or supported for the next 2 years, the answer is you won’t come off the DSP. That it the retraining will benefit you and you can maintain that training for 2 years, without disruptions, no delays, not time off due to illness/disability etc AND it will help you to enter the workforce and remain their for 2 years, without hiccups, time off due to illness, disability AND IT will not make your condition worse etc.
Only if one can work 15 hours or more per week for the next 2 years, without a Program of Support, and not have too many days off, then they will come off the DSP.
You see it’s like this, work mean 15 hours per week and UNSUPPORTED work.
It means outside of your home, in the mainstream, like most people.
Can you catch the train, tram, bus, walk and then get where your work is and work 15 hours or more per week?
These are things that are considered.
Even if you could work say 20 hours per week. Can you really do this for the next 2 years without any problems at all?
Even if you were retrained, would that retraining really help you get a job (considering ones disability) AND MAINTAIN that job for the next 2 years in the open market WITHOUT TOO MANY BREAKS with your condition?
That is can one do this for the next 26 weeks without too many days off, due to their illness/disability?
Let’s see an example of this.
For example, if ones worked for 18 hours per week, in the open market like most people.
Now this person has been employed for 2 months so far. So far their doing pretty good. Now looking back on the 2 months, they have taken out of those 2 months, 3 weeks off work due to their condition etc.
This person cannot be said to maintain work. They have had to take too many days off work due to their disability.
If however they have been there for 2 months, and have had 2 days off work, then that's pretty good. It shows the impact of their disability upon them functioning is not too limited, not too restrictive.
My suggestion is gather evidence, report all your symptoms, request copies of all tests you have had from your treating Dr.
Keep them in a file at home.
Keep all receipts for all meds etc you purchase for your condition etc.
The law is pretty clear.
If one has had a condition for 6 months and they are claiming DSP or reviewed, this condition would not be taken into consideration.
Why not we ask Gized? because the person has not had it for long, and they have not exhausted all reasonable treatment. So this will not even get a look in by C/L or the Tribunal.
If though they have had a condition for more than 2 years, and have tried all reasonable treatments, and still no improvement to allow them to work/ function, the Tribunals and or C/L will take this into consideration and give it a score. Even if it gets a score of 5, its still a score. Add that to all the other conditions that have been Fully treated diagnosed and stabilized. See your score starts to get a little higher.
If one says they have asthma, like myself, this is not an issue for me, so I would not include it in a medical review. This is stable for me and being managed. But for some others, their asthma is severe and v problematic, so they would include this on their forms.
I also encourage anyone that has been offered a job, and they can do this, to consider taking it.
You can still retain your pension while working.
In fact, C/L like this kind of person/s.
You will lose your eligibility when your income/assets exceed the allowable limits.
Its not just if one works 15 or more hours they will lose their pension. No!!! they wont, as it then needs to be considered regarding their CITW and the score they received. I have discussed CITW above.
Case law is there as it the legislation. It will look at the factors I mentioned above.
I do hope this is of some help to us in the forum.
