just baffled!!

saintly_2

Hi, suppose this is the best place to ask for help as im baffled and can't find the info i need any where else.

Me and my OH have never claimed benefits before so dont know where to start but here goes.

Last year my OH had an accident (not in work) which has contributed to him having a prolapsed disc, he goes into hopsital on 29th to have it shaved. He has been told that this op will not stop the back pain but will help with the pain in his legs.

He has been in and out of work on long term sick since that time, this last once since June. He has just received a letter saying his contract is being terminated in work on 22nd October. He phoned the job centre and got his claim form in the post today saying he is not entitled to contribution based esa due to a lack of NI contributions

I am stuck now, he cant find another job (he is a bus driver and hunched over the steering wheel isnt helping), he is having trouble walking, cant bend or lift anything and having pains in his legs. This will prevent him from claiming JSA.

I am now worried that we have no other income apart from mine coming in, does anyone have any suggestions on what else we may be able to do in terms of benefits?

thanks


x

Mara69

If your husband is unable to claim contribution based ESA or JSA then he'll need to consider income based. However, your income will be taken into account. Use the Turn To Us benefit calculator for a better idea. You might be entitled to Tax Credits or maybe some LHA/CTB.

rogerblack

He may be able to claim disability living allowance, if the pain in his legs is still expected to remain significant on walking, or if his care needs after the operation are expected to last 6 months.

atrixblue.-MFR-.

first of all i would look into the employment side of this, on the employemt board. title it sacked whilst sick and explain that aspect there what you have told us.

secondly, he can check his NI contributions by calling his local tax office and asking if his NIcontributions are upto date for the past 2 years if so then i would ask the DWP ESA to reconsidder the decision.

DWP got it wrong in my respect and declined esa and linked me to income support wich on audit (i assume) they realised this was a definate error, and was put back onto incopacity benefit CB (under linking rule).

it has been known they make errors on ESA cont based side of things.

so if he has worked solid last 2 years (even when getting ssp) he should have enough contribution for ESA CB based benefit.

my cousin has had the same type of injury, the shaved the disc, but also nerve blocked the area, they went in slightly higher and cut the nerve so the pain wasnt felt below that area.

Disability living allowance could be claimed but i would get advice from CAB or welfair rights officer to help fill in the form. get the relivant evidence to send with the form, ask the doctor if he/she will support him in his claim, he could also ask the consultant if he will supply evidence to you or the DWP of his injury what is required of care and mobility needs.

it would also benefit you to keep a diary of his care and mobility struggles over a 14 day period or longer, e.g

my OH struggled to walk 30 meters todays as the pain in his back was severe what would have been a 10 min walk turned out to be 30 min walk because he had to stop every x meters for x amount of time.

my OH struggled to get to the toilet last night, he has pins and needles in his feet and legs and lack of feeling with severe pain on movement, i had to aid my OH in getting out of bed,physically support him to the toilet, undress him from waist down and support him getting onto the toilet, this took 8 mins, my OH then had to helped back into bed, taking another 3 mins, due to the pain, my OH was awake for 30 mins, i had to go down stairs get his pain killers and a drink for him help prop himself up, wich took another 10mins.

my oh cant climb our stairs properly so needs support physically whilst holding onto the hand rail, he struggle to make 3-4 steps on his own, before he has to stop i have to encourage him and physically support him because the pain is too grate to travel up inclines with steps it takes on average 4-8 mins to climb the stairs.

my OH finds it excrutiatingly painfull to bed or kneel, i have to aid him in getting his sockes on, tieing his shous putting his trousers on. it takes 14-25 mins to help get him dressed.

you get the picture by now.

all the best.

saintly_2

thanks for all the advice

the contract he was working on had come to an end so thats why his contract was terminated but still looking into this

will tell him to ring the tax office in the morning thanks for this

the example you have just given is pretty much what i have written on his DLA application apart from the toilet bit. have also put in we live in an apartment on the 3rd floor which leaves him housebound on the 4 days that i work a week. at 6ft 4 and 17 stone, it isnt easy getting him up and down 3 flights of stairs and it is starting to affect my health, shoulder and back pains from lifting him.

again, really appreciate the help from all of you

x