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ive just made an application for the dreaded esa benefit.


i was told 2 months ago that i needed to see a spinal consultant, i went and sent me for emergency mri scan, 3 weeks later he called me back for results.


results were 2 prolapsed discs with bad nerve damage which is causing sciatica in both my legs.

he advised this could take anything upto a year to get sorted, with spinal stimulator and an op to be done in this time.


he advised that i need to sign off work and to take very easy until these are doen as not to cause anymore damge to nerves.


as i work relief work for my local council im unable to claim sick pay. so only option i had was esa. but after reading all the comments over the net it seems its guna be very difficult to get. even if they say i can claim it first.


i live with my partner but she is on maternity pay until feb, she is contracted to 21 hours a week. with have a daughter aged 5 months.

i have no earnings.


i have looked at eligibility and it says i can claim, i doubt ill get any money but it should help with my rent and council tax.




do i qualify

what happens after i phone and claim, and send off sick note and partners wage slips and maternity details.

how long roughly till medical, and what if i cant get to medical

and how do i appeal



thanks you in advance

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I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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i used direct gov calculator


but it says i can get money from esa, but the advisor said because my partner is getting statuary maternity pay from work i would not recieve any payments but only stamp and also the extra help with rent etc


but the calculator says i will get the money at the assesment rate of £65


does anyone have advise on this

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Your partner's wages would only be taken into consideration for ESA if the claim was income related. If the claim is contributory based, and you have paid sufficient contributions in the qualifying years, you would get £65.45 per week.


The only way to know for sure is to make a claim and get an official decision in writing.


The "assessment phase" is the phase which includes the medical and lasts for 13 weeks. If you are housebound, you can specifically request the medical at home.


You only appeal if you get an unfavourable decision and you believe the decision to be wrong. To appeal, you can write a letter stating you are appealing against the decision or complete a form named a GL24 form within one month of the unfavourable decision. You would need to give your name, NI number, the decision you are appealing against and grounds for appeal (reason/s why you think the decision is wrong), to commence the appeals process.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.



Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)





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