ESA: Confused and dont know what to do next

an ESA assessment doesn't take into consideration the work you do. it considers the work you COULD do.

if found that you could mobilise in a wheelchair, then you are 'fit for work' I'm afraid.

the surgeon and your gp arent benefit experts.

If you only issue is walking/standing and you are capable of operating a manual wheelchair, then you will be deemed fit for work.

You may have a fit note, but all that allows you to do is make a claim for esa, and doesnt ensure that you are entitled to it.

Not sure where you stand regarding what you should do next, but im sure someone will be along that knows.

Good luck

If your doctor will write a fit note saying that your condition ***** has significantly worsened then you can put in a new claim for ESA.

If this is refused then you will need to wait until the outcome of your current ESA appeal.

Obviously this doesn't help money wise as all these things take time.

The only thing I can think of is to speak to your employer and ask them to dismiss you on the grounds that you are medically incapable of doing the job. This does sound like a drastic action but if you are on good terms with your employer would they be willing to give you back your job once you have recovered? Perhaps there is another way around this other than being dismissed? Perhaps others may offer another solution.

The problem is that to claim JSA you need to be job seeking so if you are working full time at the pub then this would mean that you are not job seeking. If you work evenings only then you could argue that you are job seeking for work during the day.

Once your JSA claim is open then you can give them a fit note and go on extended sickness (up to 13 weeks)

Being fit for work in the eyes of the DWP means that this covers any job, not just the one you do/used to do so they would not be interested in your saying that you cannot do bar work in wheelchair. There are other jobs that you could do in a wheelchair.

You are in a very difficult situation.

I am hoping someone else will add/suggest other ways around this.

tazwhoever wrote: »

How many surgeons and doctors give fit notes without examining patients?

All it takes HCP in few minutes, to decide 'you are fit for work'!

Then they mostly refuse to change decision at MR!

Glad some patients get their decision changed at tribunals.

As for working in a wheelchair, how many wheelchair users work in supermarket?

nannytone - I'm not having a go with you as you give very good advice. Sick benefits should help people when they need help. I can't understand how HCP override decisions made by specialists but accept decisions at tribunals?

being found fit for work isn't job specific.
you wouldn't expect a wheelchair user to be a shelf stacker in a supermarket obviously, but there are sedentary jobs that are suitable.
the WCA assessment is supposed to consider ANY type of employment not ALL employment.

the system isn't fit for purpose really, and the WCA assessment in no way , is a resonable test of peoples ability to work.

i am blind and meet a support group descriptor, so i am lucky enough to have a condition that means i have a fairly easy time of it benefits wise. there is no room for doubt or opinion ... it is what it is.

my fit not said ' unfit for any work for which eyesight is essential'.

i feel there would be plenty of things i could do, but very few employers wnt to employ a blind person whose only work experience is in sighted roles

JSA expects you to look for work you are capable of. If you are engaging with them and doing everything you are capable of doing to look for work of then you should have no issues on JSA.

You could do the extended period of sickness as someone previously mentioned, but then what? You can't do it twice.

My advice would be to do what you can, and if you are, and you show you are then you will not be sanctioned.