is it possible to claim esa?

laura678

I've been unemployed for a couple of months and looking for work. However, gradually over the years I have had problems with my feet and ankles and just recently my mobility has become worse. After seeing the consultant and having x-rays, they have said I have osteoarthritis and need quite an urgent operation separately on both feet which require pins and plates which will reduce my mobility further. I still have quite young children and although I have a partner who currently works, if I have this operation I will need somebody to help me for at least 3 months after each operation, including helping care for the children. I have considered not having the operation but the consultant has said that my mobility will deteriorate further and I obviously would like to have it done to try and relieve some pain. We are at a loss as to what do and is there anything I can claim just for a period until I am fit and well and go and find employment. Any ideas would be appreciated. Thank you

rogerblack

Recent changes to ESA mean that not being able walk is no longer an automatic entry to ESA, if you can use a wheelchair (or are assessed as being able to be able to use one), and 'mobilise' that way.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/248826/esa214-rev-oct2013.pdf

I am assuming you have worked as an employed earner for most of tax years 2011-12 and 12-13.
If so, you will be entitled to contribution based ESA - which is paid without regard to your partners income.

It is unlikely you would qualify for PIP, though if you don't apply, you certainly won't.
If your doctor is of the belief that you will, after the operation, have severe discomfort walking 20m, after 9 months - then it is a reasonable likelyhood that you might (possibly after an appeal) be granted this.

Having said that - it's likely that it is not reasonable in the case of most people with arthritis to expect them to use a wheelchair, as it may exacerbate potential problems with shoulders and spine that may not otherwise materialise.

laura678

So does this mean that I am not entitled to anything, my partner would need to stop work for a while because I would not be allowed to weight bear and I would need some assistance during the day and my children would need looking after. It would not be possible for me to do anything until I have fully recovered.

rogerblack

laura678 wrote: »

So does this mean that I am not entitled to anything, my partner would need to stop work for a while because I would not be allowed to weight bear and I would need some assistance during the day and my children would need looking after. It would not be possible for me to do anything until I have fully recovered.

It means that it's not as it once was completely straight-forward.
Apply for ESA - and if appropriate - detail the difficulties you would have using an un-powered wheelchair.

This would include possibly points gained from other things - for example if you need help climbing one or two stairs, or if you can't move between adjacent chairs without help.
I strongly suggest reading the whole of the above linked PDF, to get an idea of where points may be scored.
At the very least, you are likely to get 13 or so weeks of assessment phase ESA, even if you get turned down at the assessment.

If your doctor believes you are likely to have problems walking in 9 months time, then apply for PIP.

laura678

Ok thank you, I will have a proper read. I did find at first glance that its really complex, might be me being stupid. I guess if I held off for the ESA until the operation then I might get a few weeks of help, I would definitely not be able to climb stairs (this is one of the issues I am having at home for after the op) or care for myself properly for at least 3 months; with a possibility for it to take a full year for each foot to recover. They intend to give me crutches to get about and not a wheelchair. The operation is not to help with the arthritis but to reconstruct the foot in the hopes that in the future I won't be completely disabled.