Can anyone help me, what benifit can I claim?

M_Jones

Hi, I work part time only 10 hours a week (although I doubled my wages in overtime) my husband works full time. In Feb this year I had an operation on my shoulder and due to the fact that I work as a carer is a care home I have been unable to return to work as of yet. I received SSP untill August then claimed Incapacity benefit until the 19th October from which they told me I was unable to claim any further because I was fit for work. The problem is I am unable to lift, make beds or even fold washing as I have limited use of my left arm so I cannot return to my current job as I cannot do the duties required and I am already doing the easiest job in the home, but because I am still classed as employed I cannot claim job seeker allowance, if I gave up my job then I cannot claim any benefit as I gave up a perfectly good job for no reason. I cannot claim Income support because my husband works. The other problem is that I have an 85% chance of having another operation because this one didn't work but I won't know until the end of this month, November. Can anyone help? I have lost over £300 a month and we struggled this year with claiming the sick pay as my husbands wages is £19,000 but bring home is on £14,000 and my mortgage is £580 a month, currently I have £70 a month left over and that is without shopping, school dinners and any other emergencies. We are a family of four. Please does anyone know if I can claim anything I'm desperate, I can't even afford Christmas!!

cw18

Who told you that you are fit to return to work? If the benefits agency made that decision without any medical backup, then I'd appeal.

If it's because your GP will no longer issue sick notes, then is (s)he aware of what your job entails? I know they can give 'limited' return to work notifications, in so far as they can limit what work you can do -- but if there isn't a position available for you at the home that conforms to that I'm not sure where you stand.

I'd be worried about my employers stance on this, as I know my employer would see me as 'absent without leave' if I didn't have a sick note and wasn't using Annual Leave -- which would mean dismissal.

If they've said they can't find a role on limited work as specified by your GP, then I'm not sure where you stand -- I would have though you had a good case to demand your basic wage from them, but again doing so may lead to being made redundant. Whether or not you'd then have a case for unfair dismissal I have no idea

Have you told Tax Credits about your reduced income? If not, then I suggest you do so ASAP as they can recalculate based on this years estimated figures instead of using last years.

M_Jones

Thank you for replying, my doctor is still issuing sick notes it is the benefits agency that have stopped my money, after a medical I only recieved 6 points and the qualifying points are 15!! An appeal can take up to six months!! but I cant seem to get them to understand that I am employed but unfit to do the work there. I just can't believe I've been put in this situation, I have worked virually contstant since I was 18 (am now 37) except to have my two children, I have never before claimed sick, income support or even job seekers allowance and I can't understand how some people have been claiming sick for years and they are in better shape then me!! It just don't make sense. I am so worried, I can't sleep am really panicing about christmas, how can I tell my kids there is no spare money for presents after the bills have been paid?

[Deleted User]

M_Jones wrote: »

Thank you for replying, my doctor is still issuing sick notes it is the benefits agency that have stopped my money, after a medical I only recieved 6 points and the qualifying points are 15!! An appeal can take up to six months!! but I cant seem to get them to understand that I am employed but unfit to do the work there. I just can't believe I've been put in this situation, I have worked virually contstant since I was 18 (am now 37) except to have my two children, I have never before claimed sick, income support or even job seekers allowance and I can't understand how some people have been claiming sick for years and they are in better shape then me!! It just don't make sense. I am so worried, I can't sleep am really panicing about christmas, how can I tell my kids there is no spare money for presents after the bills have been paid?

You will find that those who have been "claiming sick for years" are the ones who score 15 or more points at the PCA,I take it that you are getting £30 a week child benefit?and that you are receiving child tax credits for having 2 children?
As for an appeal taking 6 months,well possibly but until you go ahead you wont know and sometimes they take another look at it and change their minds before it goes all the way to appeal

M_Jones

Yes I have £31 child benefit and £40 tax credits a week but It cost £30 a week for petrol (slightly less now the prices have come down a fraction) for my husband to go to work, £25 a week electric(prepayment meter) and £15 a week gas (prepayment meter) in total. thats £70 and I've got nothing left over for the childrens diner money, even if they take packed lunch I still got no money to buy them anything to put in it. I have never been well off financually but I've always made ends meet. now I am sinking I have a car on hire purchase which I am virtually two month behind already and I can't afford to meet the monthly payments but without a car my husband cant get to work as he starts at 6:30am and there are no buses or trains in that area. I have looked into changing my fuel suppliers but because I owe I cant afford to change them either, I am so fed up!

mcc28_x

Difficult situation.

With regards to the PCA you could ask for a reconsideration before the appeal. The only way to get the extra points would be if 'new' medical evidence was submitted. Normally the best way for this is for your own GP to write a letter to DWP stating the reasons why he thinks you're not fit for work. If he highlights anything that has not been considered by the departments GP's this could lead to extra points.

A copy of the medical examination would be useful.

Another consideration would be making a new claim for Incap / ESA on grounds of a significant deterioration in your condition or a non-physical illness e.g. Stress

It's a while since I was involved with PCA's but there was also some 'rules' around future operations which sometimes lead to a reconsideration / new claim being accepted, unfortunately the detail escapes me but I think it is the operation is imminent.

Mark