disability

lorrainej

Hi I have been told that there is a possibility i may never go back to my job due to a problem with my hands. My husband works and we have one dependant at home if i get dismissed from my job on medical grounds can i claim anything as i know we would really struggle on one wage

xylophone

Does the problem with your hands prevent your doing any job or just the one you have now?

rogerblack

A problem with hands, unless extremely severe (to the point you can't press a button, or raise your hand as if to put it in a shirt pocket) is unlikely to lead to ESA.
This is the only benefit that you could get 'on medical grounds' for being unable to work.
DLA is a possibility, but unlikely unless your hands are so bad you are having problems taking care of yourself.

The other option is JSA of course.
If you are dismissed for medical reasons, you can claim contributory JSA for 6 months, which will not be affected by your husbands earnings.
(Assuming he and you work full time).
After 6 months, he will be expected to support you if you haven't got a job.
You may well due to the reduction in earnings qualify for housing benefit/council tax benefit.

BigAunty

See the Direct Gov website for full eligibility criteria.

Employment support allowance is for those who are too sick to work.

Disability Living Allowance is not means tested, many people receive it who are in employment, and it covers people with care and mobility needs.

If you have care needs




To get the care component of Disability Living Allowance (DLA), your disability must be severe enough for you to either:

• need help with things such as washing, dressing, eating, getting to and using the toilet, or communicating your needs
• need supervision to avoid you putting yourself or others in substantial danger
• need someone with you when you are on dialysis
• be unable to prepare a cooked main meal for yourself (if you have the ingredients), if you are aged 16 or over

rogerblack

BigAunty wrote: »

See the Direct Gov website for full eligibility criteria.

Employment support allowance is for those who are too sick to work.

I'd prefer 'is for those that pass the assessment that they're not well enough to work', or similar.

While the government advertise it as for those who are too sick to work, it's important to understand that this isn't the criteria, but that it's granted to people who pass various specific tests that in some peoples cases may not capture well their employability.

My current favourite example is someone that's injured their arms playing sport whos only problem is they can't raise their arms so as to put them in their shirt pockets is eligible for the support group.

HOWMUCH

Will your hubby qualify for WTC?

BigAunty

rogerblack wrote: »

I'd prefer 'is for those that pass the assessment that they're not well enough to work', or similar.

While the government advertise it as for those who are too sick to work, it's important to understand that this isn't the criteria, but that it's granted to people who pass various specific tests that in some peoples cases may not capture well their employability.

.

"Employment and Support Allowance provides financial help to people who are unable to work because of illness or disability.It also provides personalised support to those who are able to work....

Employment and Support Allowance involves a medical assessment called the Work Capability Assessment. This assesses what you can do, rather than what you cannot, and identifies the health-related support you might need."

etc

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171894

rogerblack

BigAunty wrote: »

"Employment and Support Allowance provides financial help to people who are unable to work because of illness or disability.It also provides personalised support to those who are able to work....

This is, indeed, what the government says.

It is however at best a simplification.
This is the aim of the benefit 'what it says on the tin' - the small print is rather different.

Much of the benefit policy around ESA makes a lot of sense, if you assume that all people in the 'work related' group are likely able to work at some point in the near future.

Most importantly, ESA is explicitly _NOT_ a test of ability to work.

The most obvious manifestation of this is that you can be found unfit to work by JSA, and yet fit for work by ESA.

ESA is a test of various abilities, and people pass or fail based on their abilities to do these tests.

BigAunty

rogerblack wrote: »

..

Most importantly, ESA is explicitly _NOT_ a test of ability to work.
...

The ESA assessment is explicitly and specifically a test of ability to work, though more accurately described as 'capability'.

"Employment and Support Allowance offers you personalised support and financial help, so that you can do appropriate work, if you are able to.

It gives you access to a specially trained personal adviser and a wide range of further services including employment, training and condition management support. This is to help you manage and cope with your illness or disability at work.

Employment and Support Allowance involves a medical assessment called the Work Capability Assessment. This assesses what you can do, rather than what you cannot, and identifies the health-related support you might need.

Most people claiming Employment and Support Allowance will be expected to take steps to prepare for work. This includes attending work-focused interviews with their personal adviser.
Under Employment and Support Allowance, if you have an illness or disability that severely affects your ability to work, you will get increased financial support. You will not be expected to prepare for a return to work.
...

The assessment phase lasts for the first 13 weeks of your claim. This is while a decision is made on your capability for work through the Work Capability Assessment."

rogerblack

BigAunty wrote: »

The ESA assessment is explicitly and specifically a test of ability to work, though more accurately described as 'capability'.

You are quoting the briefest overview of ESA.

It is misleading.

The decision-makers guidance for assessing ESA claims http://www.dwp.gov.uk/docs/dmgch42.pdf 42151
'The LCWA is an assessment of the extent of a claimant’s LCW because of some specific bodily disease or disablement, a specific mental illness or disablement or as a direct result of treatment provided by a registered medical practitioner for such a disease or disablement to perform specified activities. The performance of activities is measured by descriptors the points from which have to reach a set total for the claimant to have LCW2. If the required number of points is not reached the claimant does not have LCW.'

There is _NO_ descriptor for 'the claimant cannot reasonably be expected to work', other than the extremely hard to justify 'There would be a severe risk to the health of any person if the claimant were found not to have...'.

The tests do not always fit real cases well.
To quote from an older post.

Consider three people.
John has an epileptic fit every 5 days or so, but is otherwise fit and well-educated.
Mary has injured herself playing sports, and can't lift her arms as if to put something into a shirt pocket. (but can type, and use their arms freely otherwise)
Donald uses a wheelchair, and can't walk, he can slowly wheel himself over 200m. He can only work for 90 minutes at a time before becoming utterly exhausted. He has difficulty conveying or understanding more than simple messages from strangers. Once every couple of months has a sudden accident where he loses control of his bowels. Can barely operate a washing machine. Several hours a day he can't cope with trying to talk to new people.

Which one is in which group?
One gets no points and is completely fit for work, one gets put in the support group and is not expected to work, one is expected to perform 'work related activity'.

Most employers would disagree.

littlemiss22

i was out of work for a number about a year due to a serious car crash were i broke my pelvis and i was only entitled to ESA but it certainly made me want to get better a find a job i could actually do as the money is nothing compared to working and now im glad to be off it and back working in customer service