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

MissRose

A year is a long time for a broken leg to heal, especially to the point where the op is unable to do any form of work (I'm presuming there have been complications of some sort?), but obviously only the OP knows what he is capable /not capable of doing. So I'm of the opinion that if it is that bad, his medical care team will be able to provide reports and I'm sure he has a treatment plan in place that will back this up.

If his medical care team feel that there is no way his broken leg will be healed in another 6 months then I would agree he should appeal the DLA.

If his contract is terminated on Friday, I would appeal the ESA decision. But it's worth the OP remembering that ESA is there because he cannot work at all. So if he can work (whether there are jobs in his area or not) he will need to claim JSA.

This is why I would try and encourage him to find something suitable if possible with his current employers.

dmg24

MissRose wrote: »

If his contract is terminated on Friday, I would appeal the ESA decision. But it's worth the OP remembering that ESA is there because he cannot work at all. So if he can work (whether there are jobs in his area or not) he will need to claim JSA.

This is what the OP does not seem to understand. ESA is there for those that cannot work, not those who cannot find a suitable job in their local town. The great majority of people have the latter problem in the current climate, healthy or not!

thorsoak

If you've worked for your employers for some time, and you've been happy with them, and they've been happy with you, it may be possible for them to "find" you job that you can cope with at the moment ....thinking outside the box.

Good luck!

milliebear00001

dmg24 wrote: »

This is what the OP does not seem to understand. ESA is there for those that cannot work, not those who cannot find a suitable job in their local town. The great majority of people have the latter problem in the current climate, healthy or not!

But what is the actual criteria for qualifying? I know all about the points system etc, but surely nobody actually believes that we are limiting (or should be) ESA/Incap to people who are literally incapable of ANY kind of work. If that were really the case, the only people to qualify would be comatose! My husband has a five year Incap award, and clearly COULD do some form of work, but that work would be so rare, so unlikely to be found, etc, that he has an award. Isn't this the case for everyone?

The OP has actually described a set of circumstances where it would be VERY difficult for him to find a job. I'm just wondering where the line is drawn between what should be an ESA claim, and what should be a JSA claim - it seems pretty arbitrary to me.

sunnyone

cidergirl wrote: »

there is a friend of my sons who broke his leg in a car accident and now walks with a limp within 3 months he had dla care and mobility a car on disability his mum claiming carers allowance for him and he works part time and it sounds like you are struggling a lot more than he is why dont you contact welfare rights concerning this ?

3 months after his accident and he had a mobility car and a middle rate or high rate of care allowance to allow his mother to claim carers allowance?

Thats a lie and DLA isnt awarded till someone has the disability for at least three months and is expected to have a disability for at least another six months, which is why you chose that that time frame but paraplegics or quDS dont get an award that quick, so why would a walking wounded get it?

dmg24

milliebear00001 wrote: »

But what is the actual criteria for qualifying? I know all about the points system etc, but surely nobody actually believes that we are limiting (or should be) ESA/Incap to people who are literally incapable of ANY kind of work. If that were really the case, the only people to qualify would be comatose! My husband has a five year Incap award, and clearly COULD do some form of work, but that work would be so rare, so unlikely to be found, etc, that he has an award. Isn't this the case for everyone?

The OP has actually described a set of circumstances where it would be VERY difficult for him to find a job. I'm just wondering where the line is drawn between what should be an ESA claim, and what should be a JSA claim - it seems pretty arbitrary to me.

If you refer to the DMG you can review the criteria for yourself. The OP is capable of a great deal of different roles with suitable adaptations.

simpywimpy

I think the issue is that the leg has healed but he can't bend his knee enough to enable him to get around?

I see no reason why the checkout itself is a no go area. A stool would mean you don't have to bend your knee and surely, as long as your other leg is fine, there is no reason you can't go upstairs? If you go one step at a time, you don't need to bend your leg fully to get up it.

These are probably the reasons behind their decision and I have to agree I'm afraid. I have a lot of experience of major fractures and still going to work as my son has brittle bones.

If you are genuinely developing mental health probs such as being afraid to go out, then you need to go back to your gp about these on their own but otherwise I see no reason why you can't do some form of work with your current employer. You said yourself, they are keen to find you something.

milliebear00001

dmg24 wrote: »

If you refer to the DMG you can review the criteria for yourself. The OP is capable of a great deal of different roles with suitable adaptations.

But again that's part of the problem isn't it. Employers often won't make adaptions, or don't see how they can. So the reality of the situation remains that it will be extremely difficult for a person with this amount of physical difficulty to get work. Even if the employer is willing to adapt things, the person is still on their own when it comes to getting to and from their workplace. We could of course just say 'well move somewhere else then, with better access and/or more jobs'. But the fact is, we (i.e. the benefits system) don't say this, because it would be an unreasonable infringement upon most people's lives.

dookar

milliebear00001 wrote: »

but surely nobody actually believes that we are limiting (or should be) ESA/Incap to people who are literally incapable of ANY kind of work.

It's limited capability for work, not no capability for work.

That's why there are two groups.

And my memories going....

work related activity group and support group?

milliebear00001

dookar wrote: »

It's limited capability for work, not no capability for work.

That's why there are two groups.

And my memories going....

work related activity group and support group?

But even people who fall into the support group are rarely incapable o any kid of work.