Signed off work RSI

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Vannetais

1455122784

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Hi all, Last year I suffered an accident at work, I am self-employed. My doctor gave me some telephone numbers of surgeons in Vannes who might be able to help me. That was all the advice I had. I went to see a surgeon in Vannes who organized an operation, but at the time he did not seem optimistic.  I had the operation in July 2015 and I was in plaster for 7 weeks. I did the entire Physio program, followed all that I was told to do, but the arm is still painful when I apply force to it.  I have been signed off since February 2015 and received 500€ a month from the RSI, of which I still have to pay them 150 € a month in social charges. So recently I had meeting again with the RSI Doctor who looked at my arm that was his only investigation or appreciation (no scans or x-ray). My family Doctor and the Surgeon have told me my arm will never be right again, so I need to apply for an invalidity pension. I received a letter today from the RSI Doctor informing me that my financial help from the government is stopped, that I am fit to go back to work and I have no right to an invalidity pension, in other words the case is closed. I have had no money for over a month now and we are getting a little worried to say the least. Is there anyone or anything I can do to fight my corner, I feel very unfairly treated. I have worked and paid into the French system for 10 years. I have a certificate from the surgeon stating that the arm is unrepairable and that I am left with a disability that prevents me from doing my job. If you have been down this road before and have some advice we would love to hear from you.

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geegee42 1455128650

One you don't pay social charges on sickness benefit, its not regarded as income, you may have been entitled for a top up from the social security system, its RSA, self employed are entitled to it as well ,depending on what you receive in sickness benefit you may or may not have been entitled, you shouldn't have declared your sickness benefit as income, I don't know what regime you are in but if an AE you should have marked income as zero on your quarterly returns, do not declare your sickness benefit as income on your tax return its exempt. For the disability pension you need your doctor to write to the RSI , the RSI will then contact you with the date for an appointment to be assessed by their doctor, only he or she can decide what level of disability you are on, if they décidé you are unfit for work you will receive a disability pension, but as the sickness benefit you have received is at the base level then the pension will not be much more, if they decide you are partially disabled as in unable to do your normal job but able to do something else, you will receive a partial disability pension, the base amount they pay is the same whether partial or fully. I was placed on partial then three months later on full, payments where the same, only difference is when on full disability you can claim a top up. It usually works like this.It looks like you have been assessed as fit for work, all you can do now is try and get your doctor to contact the RSI and explain your situation and ask for another reassessment.

Vannetais 1455182355

Thank you for your reply, geegee42. I have a certificate from the surgeon which states I am unable to do my job and that nothing can be done to rectify my problem. I am going to see my Doctor Friday to ask him to put a letter together to explain that I am unable to do my job. After all it was my GP who told me I could apply for a pension, so I followed his instruction. I am not an AE so I have had to continue my RSI payments and there is no such assistance for me from the RSA as I won my own house. In a nut shell it looks like I will be fighting a counter claim against the médecine du travail. We are quite frankly disgusted that a decision was made like this by the médecine du travail when I did not know I was going to his office to be assed, I find it all very under hand. He has offered me no advice during my time off sick, which has been 1 year to date. The problem I have now is do I shut my business or do I keep it going during my counter claim?  

Vannetais 1455183893

Excuse the gaff about winning my own house, Typo. Wish I had won some money, life is not too easy when you cannot work, seriously regretting ever coming here now. 

Vannetais 1455446771

Following on from my last post, I have received a letter from the RSI confirming that I have a disability but not sufficient to prevent me from doing my job. The limit of disability must surpass 66%. Apparently the works Doctor uses a book to assess your limitations; from this they calculate the percentage. For me I know my limitations in my job function, I have lost the speed, the weight I can lift and cannot and certain functions I cannot do at all any longer, making me uncompetitive in a very competitive business. I now have two letters confirming from individual professionals who state that due to my incapacity I can no longer peruse my profession. I have been advised to seek legal advice in the courts in Vannes; it is free advice as we do not pay Tax on our income. If it is positive I will fight my corner at a tribunal.  

winda1 1455651986

Out of interest, how did Rsi asses that you were disabled but not enough to not do your job.  Did they put you through an examination making you do things that you do in your profession?

geegee42 1455654609

With me the Doctor at the RSI had à letter from my doctor, copies of my X rays and the information regarding all the treatment I had received, she examined me, discussed my problems , agreed I was unable to work and regarded as disabled, this type of assessment only applys to the self employed, its similar assessment for employed but dealt with by a different department of the state.

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