what to do re: ESA

pc10

I have been off work for almost 1.5 years due to work related stress.

I have been getting ESA since November last year and have an appeal date at the beginning of December as I received no points at the medical.

Due to change in medication and care from community mental health team etc I am feeling a lot better and am trying to think positively in terms of returning to work ( a new job which is waiting for me) possibly mid January.

My dilemma now is whether or not to go to the appeal or to end my ESA claim.

If I go to the appeal, I have to pay £150 to a lady who will represent me (the advice centre which is free in this area are not particularly useful but the company this lady works for have a great reputation for being successful at tribunals etc). This is worth over 2 weeks benefit to me at the assessment rate - although obviously if I was successful I would be due quite a bit of arrears. Hand on heart though I don't really imagine I WILL be successful as I am feeling so much better than I was (but not totally fit to return to work yet).

I imagine the appeal process will be stressful in itself and not helpful to me in continuing to feel better.

If I don't go to the appeal, what do I then claim? Jobseekers allowance? (even though I am not actually looking for a job because I already have one but won't start it until mid January probably).

I live with my 2 adult children who are both working.

I have savings of approx £10,000.

With regards to jobseekers allowance (contribution based) would there be any problem getting this in relation to whether I have paid enough NI contributions? I was working for over 20 years before I went sick and have been getting contribution based ESA since then.

If I end my claim, do I have to get a final medical certificate from my GP to state I am now fit to work? - although this is not true and I will still need a medical certificate to cover my absence from work.

So what do I do?

vicshippers

Personally, I wouldn't claim anything and I would cancel the appeal (especially so if it will have a negative effect on your health).

With £10k savings, it sounds like you will be able to survive until mid January and get back to work (especially if you are living with 2 working adults).

ESA really is to support people that cannot work and need help financially - it really doesn't sound like you fit into either of these categories right now.

I'm really glad you're moving back into the workplace after your time away, hope it all goes well for you.

Bryando

Can you not get Legal Aid? I know here in Scotland I can. Legal advice and assistance.(Civil)
Rather than paying this lady

pc10

Thanks for the replies.

On paper having £10,000 in savings and living with 2 working adult sounds good but the reality is that I can't get access to the savings (but it would probably be taken into account for means tested benefits) and although my 2 children contribute to the household, they don't earn that much.

I am in a catch 22 situation whereby I have a well paid job to go to when I am well enough to do so - but this then most likely means that I am not a candidate for ESA as regards being able to do ANY type of work.

So I find myself not able to go to work and needing some money to live on whilst I get better.

I don't think legal aid would pay for the representation but I shall investigate.

All other help appreciated!

NASA_2

You will be able to claim JSA so long as you are fit, able and willing to 'look' for full-time work. If this is the case then even though you have a job in january you can claim JSA.

If you are still not fit then take ESA as far as possible as you are unfit for work.

pc10

Thanks NASA.

In order to claim JSA would I need to get a final medical cert from my GP do you know? This would prove a sticking point because I know he wouldn't give me one for another 4-6 weeks which is when we are aiming towards a return to work.

NASA_2

pc10 wrote: »

Thanks NASA.

In order to claim JSA would I need to get a final medical cert from my GP do you know? This would prove a sticking point because I know he wouldn't give me one for another 4-6 weeks which is when we are aiming towards a return to work.

When is your current medical evidence running to?

If you claim JSA before it runs out then no, you dont need to get a new line, you can end your claim any day upto the day it runs out.

mum-of-3

You would not need a final medical certificate to go on to JSA as the DWP have already from there medical found you fit for work.

pc10

My next cert is due on 10th I think and my appeal date is 4th.

So I could make a claim for JSA eg from next week and cancel my appeal - and then would I continue to get £64.30 per week (same as ESA I am getting)?

And for the purposes of JSA would i need to be seen to look for another job prior to returning to my own job in January? When I tell them I am on no pay sick leave from my work will this cause a difficulty?

Regarding the NI contributions for cont based JSA, am I correct in thinking that my NI contributions are all up to date and have been paid during the time I have been receiving no pay from work but getting cont based ESA?

If I get cont based JSA, my savings won't be taken into account - is this this case?

Thanks for the help - much appreciated.

NASA_2

Ah right, I had not factored in that you are employed but off sick from work, in that case JSA would probably see that as being f/t employment and disallow on that basis.

Saying they did allow it, you would still be expected to look for work up to the point you sign-off, if you tell them that you have a job to go to though they will probably allow you a bit of leeway..

I would imagine you would qualify for JSA(C) based on your previous employment record plus Credits paid from ESA.

If you do get JSA(C) then your savings are disregarded in full.

pc10

Thanks NASA.

Perhaps I will ring social security office tomorrow and hope I can get some advice from them about the JSA and my unpaid employment.

Its good to know that apart from that possible hurdle, I would qualify for JSA.

Cheers