Query claiming sickness benefit

melbury

My husband has been off work for the past 8 months following a subarachnoid brain haemorrhage. His employer has stopped paying him anything and today I contacted Jobcentre Plus to try and sort out some sickness pay. His current sick note runs out on 22nd April. After a very frustrating long wait to speak to anybody, it took about 45 mins to go through the claim over the telephone.

My query is, apart from the brain haemorrhage my husband has not been able to speak for nearly three years following emergency surgery for a perforated appendix. Before anyone states the obvious, yes I do know that the appendix is nowhere near the vocal chords, but something must have happened when he was anaesthetized, even though this has been vehemently denied by the NHS. This is also the reason why I have to make all of his telephone calls for him, which in itself causes lots of problems.

Would not being able to speak count as a disability in the eyes of the DSS? Although he carried on working between the appendix operation and the haemorrhage, he did struggle with communicating and there is no way he could call for help if in trouble - he works on his own quite a lot in a cellar workshop with table saws and lots of other dangerous tools.

Just wondered if anyone knows about these things.

Any advice greatly appreciated - thanks.

karenx

DLA is based on care needs. If he has care needs then he can apply for it.

NASA_2

karenx wrote: »

DLA is based on care needs. If he has care needs then he can apply for it.

Care and Mobility needs.

melbury

I'll take that as a no then:(

McKneff

His company should have a 'lone working procedure' in place, in his position it is highly dangerous, given his condition to be working alone.

Does he function okay mentally wise after his brain op.

Do you work, if not you could apply for other benefits if he is just on sick pay.
This is called ESA now.

melbury

McKneff wrote: »

His company should have a 'lone working procedure' in place, in his position it is highly dangerous, given his condition to be working alone.

Does he function okay mentally wise after his brain op.

Do you work, if not you could apply for other benefits if he is just on sick pay.
This is called ESA now.

No they don't have a "lone working procedure in place" I doubt if they have even heard of it.

He does function OK following the brain bleed, just suffers from dizziness and forgetfulness, it has definitely had an impact on his memory.

I do work (30 hours per week), don't think we would be entitled to any other benefits, just don't seem to tick the right boxes - i.e have children under 16 etc etc

McKneff

Does he have a union,

I would be enquiring somewhere about the lone working, cant think where but Im sure someone will be along to point you in the right direction

melbury

McKneff wrote: »

Does he have a union,

I would be enquiring somewhere about the lone working, cant think where but Im sure someone will be along to point you in the right direction

No definitely no Union - he works for a small private school.

I have just been reading the lone working procedure document and it says it is not compulsory that employers adhere to it.

We have never had to apply for benefits before and now it seems that everything is being tightened up, doesn't seem to matter that we have both always worked and paid in:mad:

McKneff

But you will be able to claim benefits, there is no suggestion here that he wont get what he is entitled to.

melbury

If the doctor ultimately says that my husband is fit enough for work but that he should work reduced hours - say for only 20 hours per week - would the shortfall be made up by the DSS?

I am just curioius about this as I have been reading about the new fit notes.

McKneff

I wouldnt think the shortfall will be made up but you presumably would be able to claim some sort of benefit depending on household income.