Can I claim benefits for after my operation?

quailpower

Hi, this may be a little confusing

I have a deformity of the leg which makes it difficult to walk and means I am in extreme pain constantly. Because of ATOS I am not entitled to anything, and I gave up the claim to be honest as it was making my depression worse, and with a child to care for I cant allow myself to have a breakdown.

I am going into hospital on the 10th of August to have my condition fixed. I will be in hospital for 3+ days and will return home unable to walk at all. After a month I should be able to move short distances within my house, non load bearing.

Can I put a claim in now for after my operation? As I dont think I will have the mental faculties to claim afterwards and I will need the money straight away as my son will have to be in daycare (£150+ a week!) as my husband cannot take time off.

Also what can I even claim for? Had a right faff with the DWP back when I did my original esa claim a few months ago, with someone even telling me I should claim Incapacity Benefit, despite it being closed for over a year!

Thanks for the help

TELLIT01

What is your work history? Have you worked full time for the past couple of years? If you have you may have entitlement to Contributions based ESA. As you husband seems to work full time from your comment about not being able to take time off work, you won't qualify for Income Related benefits.

quailpower

I have used up my contributions on my previous ESA claim (before it was denied). I worked full time from 16 up until my disability started to effect me but they dont take that into account, just the previous 2 years, which I have been off work due to disability and pregnancy.

My partner actually only works 24 hours, he works as a fence erector, he needs to be available for jobs allocated to him between 8-6pm, but only gets paid for the actual jobs. So he only works 24 hours even though he has to be available for 40+, if that makes sense? He cant work the evenings as I cant care for the toddler on my own (cant lift him into the bath etc). He is looking for another job but its not looking great

pmlindyloo

Looking at your previous thread it appears you are claiming all the benefits you are entitled to.

Your husband's work situation does appear very unusual. No paid holidays? Available for work but only paid for the work he does.

I suggest that your husband talks to his employer and see if he can get some time off.

Can a member of your family help or a friend?

If you are totally stuck then you will have to ask social services to assess your situation.

Sorry I can't be of more help.

quailpower

pmlindyloo wrote: »

Looking at your previous thread it appears you are claiming all the benefits you are entitled to.

Your husband's work situation does appear very unusual. No paid holidays? Available for work but only paid for the work he does.

I suggest that your husband talks to his employer and see if he can get some time off.

Can a member of your family help or a friend?

If you are totally stuck then you will have to ask social services to assess your situation.

Sorry I can't be of more help.

My husband works as if he is self employed but with none of the benefits, and to be honest, its like being in an abusive relationship. He has talked to the employer, and he cannot get time off. If he doesnt do the work, he doesnt get paid. He has to be available at any time to put the fences up, but only gets paid to actually put the fences up that the boss allocated him, which is why he always gets 24 hours because his boss hates him and wont allocate more.

My family are helping out as much as they can, but they all work too. So again I am stuck with help in the daytime.

More than likely I can see my partner having to quit his job, but then we wont get any help either because he has quit. But I suppose its either do that, or my son will be taken into temporary foster as I am unable to look after him. Its absolutely horrible that all I have ever done is work, and work my bloody !!!! off, Ive never worked less than 45 hours a week, and sometimes up to nearly 100! Then two years of bad luck and ill health and I might as well not exist to the government.

northerntwo1

quailpower wrote: »

My husband works as if he is self employed but with none of the benefits, and to be honest, its like being in an abusive relationship. He has talked to the employer, and he cannot get time off. If he doesnt do the work, he doesnt get paid. He has to be available at any time to put the fences up, but only gets paid to actually put the fences up that the boss allocated him, which is why he always gets 24 hours because his boss hates him and wont allocate more.

My family are helping out as much as they can, but they all work too. So again I am stuck with help in the daytime.

More than likely I can see my partner having to quit his job, but then we wont get any help either because he has quit. But I suppose its either do that, or my son will be taken into temporary foster as I am unable to look after him. Its absolutely horrible that all I have ever done is work, and work my bloody !!!! off, Ive never worked less than 45 hours a week, and sometimes up to nearly 100! Then two years of bad luck and ill health and I might as well not exist to the government.

See your HV. You will get free childcare if they deem it necessary. However, you may be worrying unnecessarily, I've been 1 legged for over a year now, numerous operations and stress. At first it was awful, truly was, I cried buckets, I felt useless and didn't function. After a few weeks I adapted, I can move as fast on crutches as I did walking. It wasn't easy as my hands bled at first and I had limited upper body strength, but over time you adapt. I used a computer chair to dust, Hoover, cook and move, a backpack to shop (though got accused of shop lifting once), perching stools to bathe.

It's ok you manage and your son is two so can climb in the bath on his own. My children were older so it was more supervision but still hard as I missed football games due to hills and long grass and athletics and others.

It's ok with 1 leg, not ideal but ok - but do ask for help from your HV. They won't judge, they are used to it. If I had a toddler I'd have asked.

quailpower

Thankyou your comment did make me feel a little better, I know I am probably over reacting but I just feel so useless. Unfortuantely I have a problem with both legs

Im having one op done on my right leg, then have to wait to have my left leg done seperately. I have severe muscle wastage so cant bear weight on the left leg after surgery and have very poor balance on it even if I could, because it dislocates easily and just wobbles all over the show. I cant get down to the floor or bear any loads at all really

I am waiting for my local HV to get back but I cant seem to get hold of her which isnt helping, she just never returns my calls (although she does hate me so probably wouldnt want to help, shes a horrible old baggage) I refused to take her advice over a doctor when my son was young and she wont speak to me anymore. (didnt help I used cloth nappies either, which she hated and hated even more when she told me they were unclean, and I happily told her I was a trainee microbiologist, specialising in bacteria, I think I know clean when I see it)

my son might have the same condition (only very mild thankfully so wont need surgery) and it just makes him a tiny bit clumsier than the average child. So I cant really trust him to climb in the bath unaided