I know this isn't a normal benefit matter but wondered whether anyone else had come across it. My client was substantially disabled after he was assaulted at work and has claimed Total Disablement Benefit (£4k) from his union. I've only just taken this on but from the correspondence client has provided the union are refusing to pay out as he's not undergone the PCA (and by their thinking therefore not been formally assessed by DWP). Due to his condition DWP has decided his claim doesn't need reviewing until 2007 and so no PCA. I'll put it to the union that it's unreasonable for him to have to undergo a PCA (and of course it goes against the grain to even try to persuade the DWP that he should have one) but in the meantime if anyone has had any experience of this it would save me a lot of to-ing and fro-ing.
Thanks
Sue

Hi Sue, what DWP benefits is he on, reason i ask is that i'm curious about whether infact he might have been exempted from the PCA because of the severity of his disabling condition and so to all intent and purposes has passed the PCA.
The other thoughts are is he on SDA ? and ?????

andy

Hi Andy, he's on IB and is exempt from PCA as he's on DLA HRC after the assault which caused what seems to be permanent brain damage. However this still doesn't help me with the Union's requirement for a DWP medical. I'll just have to wait for their response to find out if they'll accept any other form of evidence - although they've already been supplied with confirmation from his specialist. I thought it was only insurance companies who would try to wriggle out of paying. I never expected it from a trade union.

Sue

I have discussed this with our union steward and he advised that it would be a good idea to try to get either the steward for the union at your client's workplace, or the union branch that covers your client's workplace, involved in this matter.

It is unlikely to be the union themselves who adminster any such scheme for compensation so they could possibly play a useful role in upholding a member's rights to the relevant insurers. If it is the union who are holding back the funds, then obviously you will need to negotiate with them anyway. Quite a shocking tale really, given the circumstances you describe...maybe you should threaten to name'n'shame them? Good luck.

Thanks Paul. From the very little correspondence client provided it looks like it's the union itself but can't be sure 'til I start digging. Client's even still paying his full subs even though unlikely he'll work again. I would actually name and shame if it is them and I can't get a satisfactory resolution. I would be so disappointed as I've always been pro union. Watch this space

Hi Sue,I see what you mean this is a strange worrying situation (particularly if it's the union i'm guessing it is (a very big union - but enough of my clumsy speculating), it would be interesting to know the union rule book says ?
I was looking through my union diary and it has numbers of head office and regional contacts etc (i'm sure you have already thought of this) might be worth contacting them to find out that unions policy on their own sickness benefits, just in case the individuals processing your clients case are misinterpreting their own union's guidance/rules etc.

andy

This unions rule book is available via their website. It includes some info on TDB but is in general terms about the required medical certificates etc.

With this union if a claim is being pursued subs need to carry on being paid while a claim for compensation is being pursued.

I've not put a link on because I don't want to "expose" them but you should be able to find it through google.

Hi Sue "et al";
if it is a VERY big union in - say - local government, I may be able to help. I have access to an NEC member of this, and would be happy to put you in contact with him. If it isn't, and it's say - a general union - I think the advice tendered, about putting pressure on Head Offices or elected officers (who want to be re-elected) is good.
I owe you one after the teasing on Friday!

You're all stars - many thanks.
Have requested an explanation and will let you know how I get on.
Are you moonlighting as a psychic Damian?

Just to update you, the union's administration unit have now agreed to put the claim forward once again to their own Benefits Group for reconsideration. It seems they hadn't accepted he was entitled to TDB as he has not had an IIDB award (he'd need a high assessment). They obviously require proof not only of the severity but that it was directly attributable to the industrial injury. He's not wanted to claim IIDB as we wouldn't know what assessment/award he would get and therefore whether it would take him off IS which he doesn't want.

I don't know whether the DWP are able to confirm HOW he sustainded the injuries which have resulted in his award of IB and DLA HRC. I'm clutching at straws at the moment. The Benefit Group only meet a few times a year and if we don't have enough proof for Feb meeting then it's yet futher delay. I need something like the Medical Assessment Framework but no award!! They haven't even accepted letters from his employers, psychiatrist and occupational health physician so I dont' know what more we can get. Any clues ?

Hi Sue, i don't have a clue either but i'm bemused why they can't specifically accept evidence from both the former employer and the occupational health physician, but demand evidence from DWP (i know this is stating the obvious but it does make a mockery of the unions disablement benefit).

Anyway to the point, my instinct is to go higher up the union hierarchy ie head office etc.
Because if the employer and the occupation health physician (who works for the employer)evidence suggest his disability is a result of his work and sustained at or because of his work and the union won't accept that as evidence, then it appears they have a major flaw in their system which needs to be addressed as a social policy issue because it's penalising their members.

andy