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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Capability Dismissal and ESA


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It is my belief that soon I am to be Capability Dismissed by my company. They are coming down on me very hard and wanting me to return to work after being off since January of this year but I cannot give them an answer as to when I can come back to work as I simply don't know. I am classified as disabled and have been for some time.

 

I have Spinal Stenosis and my consultant asked me last week if I worked and I said that I have been off sick since January and he said that was good because he is now sending me to the Pain Management Clinic. He said it was better I did not work and will operate on me if necessary.

 

I would like to know if I am dismissed down the Capability route will my company give me a letter or something to enable me to claim Contribution based ESA? or is there something else I can claim instead? I am on high rate DLA Mobility and Low Rate Care.

 

Many years ago I was on Incapacity Allowance but I know that this does not exist any more.

 

I would welcome any advice.

What will be will be and none of us can change the course of history or human nature:wink:

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Once you have had all your sick benefit from work your work will write to you and issue you a SSP1. This will then entitle you to claim ESA which will then be assessed by the DWP. Have you asked your work to make reasonable adjustments? Is this possible with your pain and disability?

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I already have a special chair and a special desk but the problem is that I cannot sit, stand or walk for long due to the pain going down my legs and in my spine. My job is desk based and computer orientated too. I am on medication but this is poorly managed, hence the reason to refer me to the Pain Management Clinic.

 

My company sadly do not have any disabled employees working for them in the workplace so try as they might they do not understand what a disabled employee really is.

 

How many weeks am I entitled to Sickness Benefit at all? It is years since I even contemplated benefits other than DLA and so would not even know where to start.

What will be will be and none of us can change the course of history or human nature:wink:

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Thank you very much for your help johnvernon74, I do appreciate it and will be asking for the help as soon as I am dismissed which by the sounds of it won't be long.

What will be will be and none of us can change the course of history or human nature:wink:

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What does this mean Nystagmite? it is through no fault of my own that I cannot go back to work at present and I simply cannot exist without any money so what next? I had heard that contribution based ESA is what I would have to go on. Could you explain please for me? thank you.

What will be will be and none of us can change the course of history or human nature:wink:

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Nystagmite is only making you aware that if you are dismissed that the usual sanctions will not apply.

 

No malice in this, but as you rightly state you are disabled and possibly to ill to work.

 

If you are dismissed you will not have any sanctions to worry about.

 

This is your entitlement. :)

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Thank you once again johnvernon74 for explaining this to me. I must admit I feel stupid as I simply don't understand anything. I am lucky in so far as to the fact that I have been paying into a pension and am not about to retire so to speak and take out my pension which will help me financially a little bit.

 

I must say this that there are two toilets at work and we have several staff members who use them, at home I have a special seat which has a rail round it but at work there are no disabled toilets and no money for them either! all of the workers are office based and accountants but there is nothing that I can do to make it any easier for me work wise as I can't sit still long enough to do a job.

 

My consultant said he would answer any questions if my company writes to him and explain just what condition I have. Oh well I will be asking several questions again no doubt on here as I appreciate all the help you guys are giving me and find this forum invaluable.

What will be will be and none of us can change the course of history or human nature:wink:

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As mentioned, you need to establish if you are currently in receipt of Statutory Sick Pay - this would be paid to you by your employer. If you are, it is limited to 26 weeks, and as you note, you could claim ESA. You need form SSP1 from your employer, notifying you and the DWP that your SSP has ended or is about to end. You also need a medical certificate from your doctor - either your consultant or your GP.

 

To qualify for contribution based ESA, you need to have paid or been credited with a certain amount of NI. I can explain the rule for how this is worked out if you want, but it's a bit technical so I won't unless you ask me to. Not being patronising, I just don't want anyone's eyes glazing over. If you don't meet the conditions, income related ESA is also available, but that would take into account any savings you may have and income from your partner if you have one.

 

Your higher rate mobility and lower rate care DLA will not affect your ESA.

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antone I am in receipt of Statutory Sick Pay which is on my wage slip but have not been told when this is about to end. I am about to see my Doctor again about my visit to the consultant and what the next best step is for me although I know what he will say.

 

I have worked for the past 10 years for this company and prior to that I worked on and off for 30 years but kept paying my NI stamp and have had a pension forecast up until I would have retired in 2021 and even now I have paid enough NI according to the forecast to qualify but of course am too young for a pension.

 

I just don't know what I can claim for really, my partner is ill himself and is off work too awaiting 3 operations but at the moment is still being paid full pay off his company but this will come to an end shortly as he has been off for 3 months.

 

It is all a bit of a minefield really.

What will be will be and none of us can change the course of history or human nature:wink:

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Fair enough. Your SSP will end 26 weeks after it was first paid to you. You can make a claim to ESA before it ends but you won't actually receive any payment until SSP ceases, it's just a way of getting things moving earlier.

 

If you've worked full time for the last 10 years, you're likely OK for contribution based ESA. The years they will consider will be the tax years 2010-11, 2009-10, and 2008-09. So I'd say you've been advised correctly, ESA© is indeed what you should claim.

 

If your partner stops work (well, stops being paid) you can also claim ESA(IR) which isn't based on NI contributions but instead on your household income and assets.

 

It is a minefield, I agree, but there are folks here who can help. You can also get face to face help from various organisations such as the Citizens' Advice Bureau.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Thank you both for you very very good information.

 

I value this and appreciate it and without people like you I would not know what to do.

What will be will be and none of us can change the course of history or human nature:wink:

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Just an update to all reading this thread. Yesterday I was fired by my company under the Capability Dismissal route. I was asked for a return date to work which I could not give as it is between my Consultant and my GP and i am still on the sick. I was still got rid of anyhow.

 

I have now put in a claim for ESA as it is my belief that as from yesterday all my rights to SSP ended that day and I will be paid at the end of the month my final salary as I am a monthly employee. I will not go into this too deep but the right format was not followed according to the Disability route and no records of any kind have been sought from my consultant or an Occupational Doctor since the beginning of this year.

What will be will be and none of us can change the course of history or human nature:wink:

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I will not go into this too deep but the right format was not followed according to the Disability route and no records of any kind have been sought from my consultant or an Occupational Doctor since the beginning of this year.

 

I think you should seek legal advice.

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I think you should seek legal advice.

 

Totally agree, find a good solicitor who is willing to take them on.....saw your other thread on employment issues....good luck.:wink:

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