invalidity benefit or ESA

AlisonHarrison

A friend resigned from her job in August because of stress. She is currently claiming JSA but has been submitting sicknotes.
She is currently unfit for work as she is taking massive doses of antidepressants. She also takes massive doses of painkillers because of an accident involving her neck.
Should she be entitled to IVB or ESA?
Any advice would be gratefully appreciated.

Jowo_2

If she has care or mobility issues, then look into Disability Living Allowance which is paid regardless of whether a person is fit to work or not and can be claimed with other benefits.

If she cannot work through sickness, then she should submit a claim for ESA which replaces Incapacity Benefit for all new claims.

sunnyone

IVB hasnt been available for new claimants for 15 years, since 1995 it has been IB and now its ESA which is very difficult to claim after 13 weeks due to the medical looking at what you can do instead of what you cant, even people with cancer or MS have been refused and they have had to appeal the desion to refuse them.

MrsManda

To OP:
I suggest your friend speaks to her advisor to discuss whether it is OK for her to stay on JSA and just continue submitting doctors notes or whether she should apply for ESA. Her advisor should be able to help her make the decision and if the decision is to apply for ESA he should be able to help her fill out the forms and support the application.

sunnyone wrote: »

now its ESA which is very difficult to claim after 13 weeks due to the medical looking at what you can do instead of what you cant, even people with cancer or MS have been refused and they have had to appeal the desion to refuse them.

This isn't quite right. Though the first 13 weeks of an ESA claim is the assessment stage, this doesn't mean you won't get a medical before the end of 13 weeks. I had mine within 3 weeks and moved on to the next rate of payment. So you be asked to go to a medical at any time. As for the medical looking at what you can do rather than what you cannot, this is surely the right way of going about things. You are either unable to do anything in which case you get put in the Support Group or you are unable to do what you usually do but may be able to do something else if you were given the correct support.

As for 'even people with cancer or MS have been refused' I don't see why this is an issue. It is not the name of the illness but what it prevents you from doing. I have friends with brain tumours who worked almost to the end.