Going Back on to ESA.

[AdamManc88]

Hi everybody,

 

First a little background info....

 

So from June 2013 to December 2013 i was on ESA (not sure which version) and having started to have some success with injections in to my lower back and laser therapy i felt i was fit for work again, and having NOT met an ASOS representative in those 6 months, nor having a scheduled appointment for a medical i decided i felt fit for work and wanted to get back to the job i love. i phoned dwp and informed them i was heading back to work and did not get another note from my doc.

 

Within a few weeks of being back at work i released there was no change in my condition in the work arena when on my feet for 8 hours a day, my back returned to just becoming stiffer and stiffer after maybe an hour to the point i have had to leave work a few times again and phone them on days i physically cant get my socks on.

 

Roll on to the last month (jan-present) i would say my condition has worsened from how it originally was as i now get no relief from the temporary injections (of which i can have no more) and its back to square one with days i cannot even leave my bed without huge sharp pains in my lower back. i have never been diagnosed with anything more than 'a bad back' 'degenerative discs' 'dehydrated discs' which at 25 years old i struggle to come to terms with this is how my life is going to be.

 

24 months ago i was prescribed citrolapram for anxiety attacks that came from nowhere and after 12 months i just stopped taking them as again i felt ok. These symptoms have no arrived again where i am having panic attacks almost daily as i worry for my future and have recently felt suicidal for the first time in my life as i don't wish for my life to be this way. When i can sleep, i sleep, as often as i can to just hide from reality. i have no social life for fear of my back suddenly going on me as it is prone to do, i am very much housebound. I will see a doc about depression and anxiety on Monday which has all been brought on by my back controlling my life.

 

So my question...

 

Would i be eligible for ESA again should i claim?

 

My condition is gradually getting worse with more frequent days of being bed bound, anxiety attacks returning and depression.

 

Maybe i was wrong for returning to work but i wanted to contribute and i wanted to be back at it as i felt i could live some form of normal life again with my back under some kind of control. Obviously this was a foolish mistake and may it go against a reclaim, me taking it upon myself to be trying to return to work?

 

Thanks you for your time and thank you any advice you may give.

 

Adam

[**Margaret**]

:AdamManc88:

 

Yes you can reclaim employment n support if you're not entitled to statuatory sick pay. Which version will depend on your national insurance contributions during the two tax years that ended April 13.

 

As it's less than twelve weeks since your last claim, the claims will be linked so there won't be any waiting days. And Jobcentreplus can pay from the first day of your new claim cos there wasn't a determination that you don't have limited capability for work. If you have any trouble with that refer them to;

 

http://www.legislation.gov.uk/uksi/2008/794/regulation/30/made

(Jobcentreplus failed to offer you an assessment, you didn't fail to attend one.)

 

Best wishes, Margaret.

[AdamManc88]

Thank you for your reply Margaret,

 

So just to confirm as i dont wish to make any mistakes....

 

I CAN reapply for ESA as i will not be eligible for SSP as im hoping tomorrow when docs open he will support my immediate resignation from my current job as, as much as i love the job/workmates standing up for lengthy periods is causing my health to decline and some days as i say i cannot get my socks on and even make it in. Im gutted to have to give a job i enjoy up but my health must come first and its only getting worse.

 

Regards

 

Edit: Im guessing i would phone the new claims line?

 

Again thanks.

Edited February 9, 2014 by AdamManc88

[Mr.P]

I'm hoping tomorrow when docs open he will support my immediate resignation from my current job.

 

Ask your employer if he would consider dismissing you on health grounds rather than resigning - A technicality, but one that might deflect awkward DWP questions at a later date.

[**Margaret**]

:AdamManc88:

 

Can't see any reason why you can't reapply for employment n support. Whether or not you want the stress of the new claims line is entirely up to you. Personal preference, but paper ESA1 claim forms work better for me. Staple Med 3 (unfit) note and evidence of income/savings etcetera to the form, then send it all off together via recorded delivery.

 

https://www.gov.uk/employment-support-allowance/how-to-claim

 

Is there a particular reason for your uncertainty about a new application? Of course, we can't second guess the outcome of a work capability assessment but the criteria for an award are in the booklet at;

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

Exceptional/special circumstances at pages 10 -12.

Descriptors of activities that are relevant to the workplace at pages 18 - 28.

 

Margaret.