ESA stopped

ChrisB1976

Hi all

I need some advice regarding what to do as my ESA has been stopped after my assessment. I have been off work since January 2017 due to several herniated discs in my back, which are pressing on the main nerve and causing severe pain. I had an operation in October which has failed to correct the problem, in fact I recently have had an increase in pain. The ESA was stopped because I can 'walk 200 metres, sit for 30mins and walk up two steps'. The assessment doesn't take into account the amount of pain I'm in and the fact that to get to work I have to take a 40mins bumpy bus journey. In the last couple of weeks, slight movements have caused my back to go into spasm. I feel there is no way I could comfortably do my job (I am an optical assistant) as it involves standing, sitting and moving about. What do I do now? Help please

marliepanda

ChrisB1976 wrote: »

Hi all

I need some advice regarding what to do as my ESA has been stopped after my assessment. I have been off work since January 2017 due to several herniated discs in my back, which are pressing on the main nerve and causing severe pain. I had an operation in October which has failed to correct the problem, in fact I recently have had an increase in pain. The ESA was stopped because I can 'walk 200 metres, sit for 30mins and walk up two steps'. The assessment doesn't take into account the amount of pain I'm in and the fact that to get to work I have to take a 40mins bumpy bus journey. In the last couple of weeks, slight movements have caused my back to go into spasm. I feel there is no way I could comfortably do my job (I am an optical assistant) as it involves standing, sitting and moving about. What do I do now? Help please

ESA isnt based on 'your job' its based on work in general.

ChrisB1976

Hi

I understand that, my job is still being held open for me, the suggestion was I either claim JSA (which as I'm technically still employed I can't), or do a phased return to work (as I explained, that isn't an option). I am sitting here at the moment with pain coursing up and down my legs and back. I can't see how I would be of any use to my or any employer at this time.

BorisThomson

Do you agree you can do those things? Have you looked at the descriptors to check if you qualify?

Have you looked at what work you might be able to do closer to home, and more suited to your condition?

ChrisB1976

They have only told me today that I'm not getting ESA anymore. I waiting for the paperwork to come through. As I said, my job is still being held open for me, so looking for something else isn't really an option. I'm in too much pain to do anything and concentrate on work, but the guy I spoke to basically said the government don't take pain into account because it's being managed with medication. This whole situation is getting me down, I don't need this on top of the worry about my condition.

marliepanda

ChrisB1976 wrote: »

They have only told me today that I'm not getting ESA anymore. I waiting for the paperwork to come through. As I said, my job is still being held open for me, so looking for something else isn't really an option. I'm in too much pain to do anything and concentrate on work, but the guy I spoke to basically said the government don't take pain into account because it's being managed with medication. This whole situation is getting me down, I don't need this on top of the worry about my condition.

Are you likely to get better, ie, is there any benefit to a job being held for you that you will not be able to return to?

ChrisB1976

In terms of getting better, that's up in the air at the moment. I had an operation in October that failed to sort it, I'm seeing my specialist again on the 1st of March. I would prefer to return to my current job, I have worked with the business owner for 10 years and they have been good to me over the years, so I feel I owe them. This whole thing is frustrating, it's only £74 a week. Hardly a kings ransom.

marliepanda

ChrisB1976 wrote: »

In terms of getting better, that's up in the air at the moment. I had an operation in October that failed to sort it, I'm seeing my specialist again on the 1st of March. I would prefer to return to my current job, I have worked with the business owner for 10 years and they have been good to me over the years, so I feel I owe them. This whole thing is frustrating, it's only £74 a week. Hardly a kings ransom.

Are you not getting any sick pay from the company that have been good to you?

Ames

The thing is, ESA isn't about whether or not you can work it's whether or not you fit the descriptors for ESA. Have you had a look at them and worked out what grounds you qualify on?

pmlindyloo

You need to appeal this decision.

Here is a link for you to access all the information you need about doing this.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

If you can help from CAB/welfare advisor then I suggest you do as they deal with lots of appeals.

Until you receive the mandatory reconsideration decision (be aware most are 'rubber stamped to uphold the original decision) you may be able to apply for another benefit depending on your circumstances. JSA seems to be not appropriate as you are not job seeking. So what are your personal circumstances? Single/Partner/working/renting etc etc.

If you have been receiving contribution based ESA only because you have a partner who works then can you manage financially until you receive the reconsideration decision?

If the decision remains unchanged then you go to the tribunal for an appeal. Once your appeal is accepted then you can go back on ESA.

What medical evidence did you send with your application?

ChrisB1976

I got SSP for 28 weeks ( as I said, I've been off over a year now). I'm waiting for the letter from the DWP about why it's been stopped, so I guess I'll check that before taking any action.