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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

choudaryk

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Everything posted by choudaryk

  1. choudaryk
    ok thanks guys, I'll let you know how I get on.
  2. choudaryk
    Thanks Dx100uk
  3. choudaryk
    Yes I'm aware and I don't mind discussing here. Thats fine its only so I can forward sangie some information, you did mention that it had been forwarded but sangie is saying that he/she hasn't received it. I tried PM ing you this message but I can't even do that now.
  4. choudaryk
    Hi Honeybee, I have reached the 30 messages requirement but for some reason I still can'y PM, can you help?
  5. choudaryk
    Hmmm, I just got this from a government website: A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010. Your condition is ‘long term’ if it lasts, or is likely to last, 12 months. ‘Normal day-to-day activity’ is defined as something you do regularly in a normal day. This includes things like using a computer, working set times or interacting with people. And it describes my illness to a tea.
  6. choudaryk
    Thanks Sangie, You have clarified a lot. In terms of reasonable adjustments based on my employer knowing that I am ill, can I make suggestions to them? I have mentioned this to them but to date they have simply dismissed discussing it. I just want to get an idea of what adjustments would be considered reasonable I have an idea of what I will need once I'm well enough to return to work but don't want to be in a position where I request them and they are not granted and then this is then used to dismiss me.
  7. choudaryk
    lol, then you'll understand why I am being careful. Thank you though.
  8. choudaryk
    Hi Emmzzi, Can I ask you (not doubting your experience and if you don't mind) what do you base that on and what background do you have? Its just that I have seen cases similar to mine upheld by the ombudsman. Many Thanks Hi Sangie, Just read your response - all of what you have said is correct, how can we look at the settlement side of things? I'm still keen to take it to the ombudsman if it means that my claim is reinstated and I have seen similar cases to mine upheld by them. My health is bad at the moment but the more time I have to get the medical help I need before I return to work the less chance there is of a relapse and this time I want to ensure that I am supported on my return to work and have certain adjustments confirmed as I have been diagnosed with depression and anxiety which from my understanding is protected by law as a disability.
  9. choudaryk
    Hi Emmzzi, Can I just ask, you mentioned that their is a very slim chance of getting a payout. Is this even if I take the matter to the FOS?
  10. choudaryk
    No problem thank you Emmzi I appreciate it. I'm sorry I can't provide a fuller picture but there isn't much more to what I have already mentioned. I'm hoping that once Sangie gets my PM he can maybe fill in the gaps.
  11. choudaryk
    He has experience of my condition and feels it is related to my previous illness and has medical evidence from previous studies which shows this. I have been referred to a psychologist and waiting for for some counselling sessions I almost also currently on medication. I don't mind seeing a private psychiatrist if it helps. All I really want out of this is to get better and return to work what I don't want is to return to work and have another relapse and go through what I went through previously.
  12. choudaryk
    No - Claim 1) was for stress related illness - then returned to work for a month and a half and relapsed (although I was scoring high for anxiety and depression but this information wasn't shared with me.) Claim 2) is a continuation of the original symptoms - and I was diagnosed with anxiety and depression a couple of months after I relapsed
  13. choudaryk
    Yes they were although I was diagnosed during my first absence but any health questionnaire by councillors and the insured showed anxiety and depression. The consultant is a cancer specialist and has seen my illness before. Sorry that should read I wasn’t diagnosed during my first period of absence
  14. choudaryk
    Hi Sangie, thanks I do appreciate it, Honeybee has said that DX100UK has forwarded my PM onto you, let me know if you didn't get it was sent yesterday and if you need any further clarification. In short I gave an honest representation of the situation at work which they were aware of during my initial absence. I did discuss lack of support/adjustments for my symptoms when I returned to work and also the issues I PM'd you but at no point did I state anything that confirmed that these were the reason I was absent from work or they were preventing me from returning to work. my illness has progressively gotten worse over what is now a 20 month period. But the insurers have taken statements that I made from different calls to come up with their conclusion. (I have described all this in the PM sent to you) My GP is supportive and I have a consultant who is also will to provide a report that I am not fit to work and confirm that my illness is related to a previous illness. Please let me know if you have got the PM and message me back with any detailed points you want to know about and I will respond to you straight away. Again thanks for your advice I do appreciate it. Sorry I should have said none of the points that Emmzi kindly mentioned apply in my scenario, everything I related to them was around conversations with my employer around lack of support and how my illness affected me before I relapsed. Anything else I have stated I have sent to you in the PM which hopefully you have and if not Honeybee will now forward to you.
  15. choudaryk
    Here you go: 'we consider that it is other factors rather than illness or injury that is continues to prevent the performance of the essential duties of his occupation.' 'we will immediately end payment of benefit if the insured member ceases to be disabled' Thanks
  16. choudaryk
    Honeybee, Yes I am arranging additional medical evidence as we speak. In terms of their appeals process there isn't any other information from them or my employer. Thanks
  17. choudaryk
    Sangie595, Sorry I just noticed your response. The information they have provided states that they feel it is other factors not illness or injury that prevents me from doing the essential duties of my job, and that they do not consider me to be a incapacitated member. Thanks
  18. choudaryk
    After they decline you can appeal, they have 8 weeks to respond with a final decision and if not satisfied you ave the option of taking to the financial ombudsman. My main concern is that my employers will not allow me to take it to the FOS and instead terminate my employment if the insurers reject the appeal. These insurers and employers do have a very friendly relationship and can use this process to get the best result for them, which defeats the objective if you fall ill for a long period.
  19. choudaryk
    My employer hasn't provided me with any policy wording ref the appeal and the policy document doesn't mention anything. What the insurer has said is in the decision letter is: 'If you disagree with this decision or you realise there is other medical information to assess, you can appeal the decision. We will consider any new or relevant medical information in support of the claim before issuing a final response.' Hope thats what you meant. Thanks
  20. choudaryk
    Thanks no problem. I am working on my appeal, and the insurer hasn't contacted my GP during this period of absence. I will be asking him to write a letter in support of my illness.
  21. choudaryk
    Ok sorry I have now read the rules - I'll forward it to a site team member, there isn't any personal information its just that for now I wouldn't want share this amount of detail with everyone. Yes thats correct I am not a member of a union and have very limited legal advice. I will post the final outcome which might be very helpful for others who are in the same situation. Thanks
  22. choudaryk
    Thanks Sangie595, Can I send you the detail over e-mail, I can't use PM as I don't have enough posts. I don't want to post too much detail in an open forum. Thanks
  23. choudaryk
    I had access to someone who advised me as a one off. The decision letter states that they have declined this linked claim, it seems that they feel I am off from work for other work related perceived issues. The only evidence they based this on was a handful of rehab session with one of their rehab practitioners who during these calls was more interested in my work situation then my illness, I was under the impression that they were there to help you get better. During the first period they had provided therapy but nothing during the second period. They didn't seek any objective medical evidence for the period after the relapse and simply used the reports from the rehab sessions. This information was used to decline the claim based on what they thought I had implied rather than on what I had said even though any tests they carried out scored me high for sever Anxiety and Depression but this information was never passed to me. Hope that clarifies
  24. choudaryk
    Thanks Again, I'm not saying I want to go to court, just trying to get an idea of what the options are. As for my specific case I can't see where I don't meet the insurers definition of Incapacity in addition rather than continuing the original payments after I had relapsed they for some reason (which doesn't make sense to me) applied a deferred period again however, the decision letter states that they assed it as a linked claim. According to the policy where a claim has stopped and a person returns to work and then goes off again within 52 weeks for the same reason the insurers re-instate the original claim which is described as linked claim. Wouldn't this be a breech of contract? Also in terms of my employer agreeing with the insurers decision surely this would need to be based on material evidence of the case otherwise it would be in the employers interest to simply agree with every case and then to dismiss people. I have been told by a legal firm that but not sure : Onus on employers to pursue their insurer under privacy of contract, because employment contract with employee has been affected through the none payment of this benefit. Thanks
  25. choudaryk
    Thanks Singie595, In terms of employer litigating against insurer I have seen this on various legal sites, just one example below, and this is why I am confused: 'If you have a contractual entitlement to Permanent Health Insurance benefit then your employer may be under an implied duty to take ‘all reasonable steps’ to seek to procure the benefits of the policy for you. This principle derives from the overarching implied duty of trust and confidence. In some circumstances, litigation by the employer (on behalf of the employee) against the insurer may be deemed to be a reasonable step depending on the strength of the employee’s case. Don’t forget that you can complain to the Financial Ombudsman about the insurer if it refuses to pay your claim (your employer may offer to support your legal fees although there is no requirement to have legal representation).' co-oplegalservices.co.uk/media-centre/articles-may-aug-2016/income-protection-insurance-explained Additionally I have been told that the insurance contract is between the ensurers and try employer and that contract doesn't allow for 3rd Party Rights. Thanks for the advice.

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