Esa Appeal

lolita2013

I have my Esa Appeal in February. When I had my Atos in September I was awarded 6 points. I appealed and the decision remained the same and now the Appeal is next month. My health has not improved but I am starting a Pain Management Programme next week which will run for 8 weeks .This may or may not result in an improvement in my health through injections etc. My contract at work was ended in November as I was unable to do my usual work because of my health and they couldn't offer me any other work. If the decision at the Appeal does not go in my favour then Im not sure which way to go as my ESA Contribution is due to end in March and I am not fit for work yet ( I have a Fit Note) and the usual answer to that question is to claim JSA but how can I do this if I am not fit for work? My husband luckily has a full time job and we would not be entitled to any other benefit as we have no children at home. I have probably exhausted my NI Contributions so I wouldn't be able to claim Contribution based JSA. I just wondered if anyone has been in this situation as hopefully in a couple of months I will be able to seek perhaps part time work as we have a child who is a first year student at Uni and we currently use a former workplace Pension to help her out as when she applied for Uni there were 2 wages coming in. I don't want to claim JSA as I am not able to seek fulltime work at the moment as this would be dishonest. I believe I have paid enough NI Contributions for a pension as I am 55 and I asked for a pension forecast.. I also asked if I could take out some of my works pension but as I was not finished on the grounds of illness this was refused and it will remain like that until I am 60. Would I be able to see someone who could help me seek work taking on board my health difficulties as I said I wont know the outcome until my Course has been completed so just trying to look ahead really. Thanks in advance.

rogerblack

If you have been found fit for ESA - you have been found fit for JSA.
You do not need to be not able to pass the ESA test in order to claim JSA.
If you claim JSA, and you win the appeal for ESA, you will transfer over back to ESA without problems.

You can see a disability employment adviser at JSA.

However.

If your partner has significant income, you will not be entitled to any payment on ESA unless all three apply - you win the appeal, are placed in the support group, and were claiming conts-based before the appeal.

Most of this applies for JSA too - you will not be entitled to conts JSA, unless you were significantly employed in 2010/11 and 11/12 (the last two complete tax years before the beginning of this year).

There are disability employment advisers at JSA who can help you in principle by suggesting options for less able people.

lolita2013

Thank you Roger for replying to my post. I am more than happy to know that I can at least make an appt to see a Disability Advisor whatever the outcome of my Appeal in February. As I mentioned earlier its the next 8 weeks that will decide if any treatments I receive will benefit my health problems. My husband will support me whatever the outcome but I would rather be bringing in a wage even if it is only a few hours a week but I would need support as my condition is a long term disability which would restrict the type of work that I would be able to do. Once again many thanks for replying to my Post as it has been very helpful.

rogerblack

lolita2013 wrote: »

Tsupport as my condition is a long term disability which would restrict the type of work that I would be able to do. Once again many thanks for replying to my Post as it has been very helpful.

You may also be looking at funding from access to work.
https://www.gov.uk/access-to-work