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Becoming self employed & ESA appeal
TheWhisperer
Posts: 3 Newbie
Hi all, first post on this forum so bare with me! I'm looking for some advice. It's a long story so I will try and keep it brief...
2 and a half years ago I became unwell. Neurological issues meaning I couldn't think or concentrate, had chronic migraines, it hurt to move most days. I also lost my voice and could only speak with a whisper. I had to give up work and spent most of my time asleep and generally not doing a lot. Doctors couldn't work out why either of these things happened. Cue many different combination of pills, tests and specialists...
Initially I moved back in with my Mum as I wasn't able to take care of myself. I wasn't sure of the benefits I was entitled too and never tried to apply for them. Then for various reasons I had to get a place on my own, so I got help to apply for ESA, DLA and housing benefit around a year ago.
At the beginning of the year they finally found some medication to help with my neurological issues, it took a while to work but slowly I could start thinking properly again (amazing feeling). I still only spoke in a whisper but it was a huge difference. I was initially turned down for both DLA and ESA but appealed against both of these decisions. I had my DLA appeal a few months ago and lost, and was meant to have my ESA appeal today but it got postponed as there was no doctor available to be on the panel.
Mentally I am now starting to feel ready to go back to work. Unfortunately my voice issue, and the fact that being unwell for so long led to muscle loss which has led to arthritis in my hip, means I can't get a 'normal' job. I've been offered a really good opportunity to work online, which would require me to register as self employed. I don't know how much I would be making, and the hours won't be too much (below the 16 hour threshold). But I don't know how registering as self employed would affect my ESA/appeal. My representative is confident we have a strong case in my favour due to medical evidence, and I know they're meant to be looking at your situation when you made the claim/was assessed. But if I transition off of ESA and become self employed could I still go to my appeal and get the back-payment I should be (theoretically) entitled to?
2 and a half years ago I became unwell. Neurological issues meaning I couldn't think or concentrate, had chronic migraines, it hurt to move most days. I also lost my voice and could only speak with a whisper. I had to give up work and spent most of my time asleep and generally not doing a lot. Doctors couldn't work out why either of these things happened. Cue many different combination of pills, tests and specialists...
Initially I moved back in with my Mum as I wasn't able to take care of myself. I wasn't sure of the benefits I was entitled too and never tried to apply for them. Then for various reasons I had to get a place on my own, so I got help to apply for ESA, DLA and housing benefit around a year ago.
At the beginning of the year they finally found some medication to help with my neurological issues, it took a while to work but slowly I could start thinking properly again (amazing feeling). I still only spoke in a whisper but it was a huge difference. I was initially turned down for both DLA and ESA but appealed against both of these decisions. I had my DLA appeal a few months ago and lost, and was meant to have my ESA appeal today but it got postponed as there was no doctor available to be on the panel.
Mentally I am now starting to feel ready to go back to work. Unfortunately my voice issue, and the fact that being unwell for so long led to muscle loss which has led to arthritis in my hip, means I can't get a 'normal' job. I've been offered a really good opportunity to work online, which would require me to register as self employed. I don't know how much I would be making, and the hours won't be too much (below the 16 hour threshold). But I don't know how registering as self employed would affect my ESA/appeal. My representative is confident we have a strong case in my favour due to medical evidence, and I know they're meant to be looking at your situation when you made the claim/was assessed. But if I transition off of ESA and become self employed could I still go to my appeal and get the back-payment I should be (theoretically) entitled to?
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Comments
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TheWhisperer wrote: »Mentally I am now starting to feel ready to go back to work. Unfortunately my voice issue, and the fact that being unwell for so long led to muscle loss which has led to arthritis in my hip, means I can't get a 'normal' job.
If those are (now) your only issues, it's questionable that you would now qualify for ESA.
The tribunal will only look at your condition as of the date of the original decision.
If your condition has improved, you are required to let them know about this.
Going back to work - even fulltime - does not affect the decision.
Severe migranes that affect cognition would seem to qualify under '
'(a) At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.' - a descriptor that would get you 15 points, and into the work-related group.
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rogerblack wrote: »If those are (now) your only issues, it's questionable that you would now qualify for ESA.
The tribunal will only look at your condition as of the date of the original decision.
If your condition has improved, you are required to let them know about this.
Going back to work - even fulltime - does not affect the decision.
Severe migranes that affect cognition would seem to qualify under '
'(a) At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.' - a descriptor that would get you 15 points, and into the work-related group.
Thank you for the response! It is good to know that if I do go ahead with this it won't affect the decision of my appeal outcome as that has been my major worry.0
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