No Income and apparently not entitled to Benefits, what can I do?

elfen

rierie - I've hurt my knee and know how much it huirts and how little you can do - I had to travel to physio on the bus and nearly smacked this kids for literally standing on my leg. I still have problems now, but not as bad. Could you aks your physio on doing some work on a stick, NOT 1 crutch - this will damage your posture permanently, and a stick would give more stability than a crutch, then take short walks outside once it's less icy. Also ask if they have the bands to help you strengthen your knee, as this helped with me

BLESSINGS_4

I believe that esa replaced incapacity benefit in october 2008 not income support i should check it out i think you could be entitled to income support also look on the jobcentreplus website it gives you the entitlement rule and who qualifies for income support

dookar

rierie81 wrote: »

I can't apply for Jobseekers Allowance because I'm unable to work,

But the secretary of state has decided you do not have limited capability for work, she can't just change her mind because you claim a different benefit.

Although, as said, your appeal can be treated as a new claim and you can be paid at the assessment rate until the appeal is heard.

BLESSINGS wrote: »

I believe that esa replaced incapacity benefit in october 2008 not income support i should check it out i think you could be entitled to income support also look on the jobcentreplus website it gives you the entitlement rule and who qualifies for income support

I see nothing to suggest the OP falls into a proscribed group for IS (other than incapacity)

sharski

But, as already mentioned, as long as the OP is 'employed', they CANNOT claim JSA. Whether they are fit for work or not - that's the rules!

If they leave their job voluntarily, and then claimed JSA, there could also be implications in the way of a sanction, etc.

The best thing to do is appeal the ESA decision, if you disagree with it - at least you will get 'JSA rate' whilst the appeal is waiting to be heard.

dookar

sharski wrote: »

But, as already mentioned, as long as the OP is 'employed', they CANNOT claim JSA. Whether they are fit for work or not - that's the rules!

What rules? They are off sick so the remunerative work exclusion does not apply.

milliebear00001

sharski wrote: »

But, as already mentioned, as long as the OP is 'employed', they CANNOT claim JSA. Whether they are fit for work or not - that's the rules!

If they leave their job voluntarily, and then claimed JSA, there could also be implications in the way of a sanction, etc.

The best thing to do is appeal the ESA decision, if you disagree with it - at least you will get 'JSA rate' whilst the appeal is waiting to be heard.

It is extremely likely from what the OP says, that they are about to be made redundant.

dieselhead

Unless I have missed it the OP still hasn't explained what their job involves?

thorsoak

dieselhead wrote: »

Unless I have missed it the OP still hasn't explained what their job involves?

I was about to make the same point - what is your job, what physical activity does it require (apart from obviously getting to and from work).

If the travelling to and from work is the problem does your employer have a site closer to where you live which would make life easier for you?

I know I commuted to London from Essex for eight months whilst in plaster/on crutches - I was still capable of carrying out my duties, albeit I needed frequent breaks and started later/left earlier - the main problems I encountered involved getting onto/off platforms at the mainline BR station and at my local station - eventually I was driven to another station and caught the train 1 stop further down the line.

There are ways and means around most problems if you (and your employer) are prepared to look outside the box.

chesky369

I think the OP should ask for a second opinion on their physiotherapy and maybe from their original surgeon, since it seems to be taking an extrmely long time for a recovery to 'kick in'. I think they should then visit their GP to arrange for fear counselling and therapy.

I note the person that the OP has fulsomely acknowledged is FrancesAnne, who actually gave no advice at all - but was fairly uselessly sympathetic.

sharski

dookar wrote: »

What rules? They are off sick so the remunerative work exclusion does not apply.

What I mean is... if the OP has failed an ESA, he/she is being told to claim JSA in order to get some kind of income - I am merely trying to explain that, in these circumstances, if a person already has a job to return to, they are unable to claim JSA....

The JSA rules DO state that!