Will be worse off shortly, unless I ignore medical advice! Please help.

jennilb

Hello

I would be grateful for any suggestions on how I might square this circle, as its just going round my head now.

I am on ESA (appeal rate) and DLA (LRM, MRC) for mental health problems following a nervous breakdown Jan 2009. My doctors (psychiatrist, psychologist, OT and GP) believe I may be able to start some kind of work in August, but tell me it is very important to build this up slowly. Prior to this, I worked as a H&S officer but I was dismissed from this work in October last year due to my illness.

I have read very closely the terms of my DLA, and the needs it currently meets (need for supervision to prevent harm due to suicidal thoughts / loss of independent motivation to self-care) will have to be completely solved before I am fit to work, so if I am fit to work I can't claim DLA. If I fail my ESA appeal and claim JSA I believe I would have to stop my DLA - by claiming JSA I would be saying I am fit to work. I also understand about the return to work credits (RTW) available to me if I got a lower-paying job of 16 hours or more a week. I have used entitled to and have confirmed with my pathways to work adviser that I will not be eligible for WTC. I am a single person.

I have done lots of calculations trying out different combinations of hours / rates of pay, to work out how much I need to earn to be in the same position (skint but surviving) as I am now. The answer is, except if I earn £25K (and pay my own way) or earn £14,999 (and get RTW credit and some LHA) I will be worse off than I am now.

If I take medical advice and start builing up from 2-4 hours a week, I understand I will be able to claim JSA to 'top up' my income. On JSA I am £63 a week worse off than I am now, and my life costs £30 a week more than I would be getting. The pathways to work adviser told me 'you need to win your appeal, so you can do voluntary work to build up stamina without affecting your benefits. All we can do is pray'.

I don't want to be holding out for divine intervention acting on the relevant secretary of state! I am already on social tariff for everything, cheapest for everying, buy in market on my better days and batch cook for my worse days. Is there anything else I could do?!

Thanks in advance for the help. I shall disregard any trolls and ask that you do likewise.

Jenni

Oldernotwiser

You do know that you can claim DLA and work, don't you?

jennilb

Yes, but I can't claim to be fit to work and also get LRC 'because you need guidance or supervision when walking outdoors' (because of the desire to kill myself, I don't always do the green cross code) and MRC 'because you need continual supervision throughout the day to prevent substantial danger to yourself or others' (because of the desire to kill myself).

To be fit to work I must not want to kill myself. So to be fit to work / claim JSA, I cannot also claim DLA. This is my understanding anyway.

Oldernotwiser

jennilb wrote: »

To be fit to work I must not want to kill myself. So to be fit to work / claim JSA, I cannot also claim DLA. This is my understanding anyway.

Have you been told this by someone knowledgeable because I wouldn't read it that way.

jennilb

The pathways to work adviser (so effectively from the JC). And also, I cannot in conscience claim a benefit for being suicidal, if I am working or claiming a benefit for those fit to work. It is not compatible (in me at least) to be both suicidal and have the focus to work.

Thanks for taking the time to reply to me, btw

Kimitatsu

But there is the argument that if you were able to be back at work then your self esteem would rise and so your suicidal thoughts could lessen. But it would have to be done on a slow but steady basis in accordance with medical advice. Your other option could be to volunteer for an organisation who would take your disability into account.

Have you spoken to MIND? They often have benefits advisers who will advise you on exactly what you can claim and if you will be better off - just to clarify no pathways to work adviser (and they are a private co not JC+and so have targets to hit) can force you to go back into work if you are worse off. You need to get a better off calculation from either the CAB, or your local council (your mental health worker could help you to access this)

Please try not to worry - your local CAB should also have a welfare benefits caseworker who could help you with your DLA claim.

Take care of yourself

Indie_Kid

I claim LRM because of supervision I need outside - this doesn't make unable to work. JSA people know I claim this and nothing has never been said. (it came up on the system when I was putting my claim in)

I agree with Kim.

if you have a disability and are at a disadvntage to work, then you can claim WTC - if you work 16hours+ and are at least 16 years old.

jennilb

Thanks for the replies. I will double-check my understanding of the rules re employment and DLA - I have read cases of people being made to pay it back where the DWP felt their disability could not be as serious as they put on their claim, because they are working, and I don't want to get into debt.

I am only entitled to WTC if I have a disability sufficient to claim DLA. My life-long condition (epilepsy) is not severe enough for this, so I can only get WTC if I can claim DLA for my MH problems.

Thank you again for all taking the time to reply.

Jenni

Indie_Kid

The basic version of the rules are that you can't say on your form that you can't do something; but your job description means you have to do this activity. (ie, you can't claim "I am unable to walk", therefore claim higher mobility and then work as a postman)

jennilb

So if my DLA claim says I need to be supervised at all times to be safe, and I do a job where I am not supervised (or I claim JSA and apply for jobs where I would not be supervised) surely that means I cannot claim DLA?

Oldernotwiser

jennilb wrote: »

So if my DLA claim says I need to be supervised at all times to be safe, and I do a job where I am not supervised (or I claim JSA and apply for jobs where I would not be supervised) surely that means I cannot claim DLA?

Claiming a benefit where you need help or supervision isn't dependent on your actually getting this help. This applies for both mobility and care.