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Return to work and ESA advise Options
Michelle9
#1 Posted : Tuesday, September 28, 2010 1:32:19 PM Quote
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Location: Manchester
Hi All

I will be returning to work, on a phased return, doing a few hours a week over an 8 week period.

I am in receipt of ESA, Housing/Council Tax benefit's.

My ESA and DLA claim have been sent to a Tribunal, as I appealed the decision.

I have been off since December 2009, Diagnosed with RA in April, I have never claimed anything before and not sure what happens next.

My first pay will not be until the end of October 2010 so I will need to live until then, will I get some payment until I get paid???

If anybody can give some advice please on this???

Thanks Michelle.Confused
Rose-B
#2 Posted : Tuesday, September 28, 2010 1:51:29 PM Quote
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Location: Somerset

Hello Michelle.

I have not got your answers for you as not on any benefits but hopefully RICH will input he is the benefit 'King' Michelle.

I note your return to work. Good luck from me. I have been off since March this year and also
will be going back on a graded return within next 4 wks. The thought frightens me how do you
feel about it ?

I hope someone and help you on your benefits.

Rose x
suzanne_p
#3 Posted : Tuesday, September 28, 2010 3:14:01 PM Quote
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Location: Buckinghamshire
hi Michelle,

just wanted to say i know this must be a nightmare for you ... not on benefits here finished work a long time ago and fortunately Hubby is the breadwinner.

i hope Rich pops by as Rose says he is the " King " and am sure he will be able to offer you help with it.

good luck,

Suzanne x
RichC
#4 Posted : Wednesday, September 29, 2010 11:16:58 AM Quote
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Location: Gravesend
Hi Michelle
I know what it is like having to claim benefits :(.
Still carry on with the Appeals even if you manage to do full time work . The issue here is really do you think you are capable of working ?
I am presuming you were on SSP for 6 months prior to going on ESA , which would mean you have been on ESA since May 2010 sometime.

With regard to work ..it depends on what you regard as a few hours .

Under 16 hours a week you could get the work regarded as permitted work higher rate ..

see DirectGov Permitted work
This would allow you to work less than 16 hours and earn upto £93 per week without it affecting your benefits . (The earnings disregard was changed in April 10 for Housing Benefit and Council tax to whatever you earn upto £93 pw. so you would still get full Housing Benefit and Council Tax Benefit)

You need to check with Job Centre plus with regard to your eligibility, and preferably have an appointment with a Disability Employment Adviser (DEA) to talk about your options. I would check with your local Council's HB dept aswell .

Over 16 hours:
I don't know what your home situation is , however if you are single with no dependants you can claim Working Tax Credit at 16 hours and over and have a disability element in your Tax Credit calculation for the remainder of this tax year.
Have a look at this guide to being able to get the disability element included...

WTC Disability element leaflet.

Looking at the leaflet above you would satisfy condition 1(work 16 hours or more) Condition 2(undergoing a period of rehabilitation OR cannot work an 8 hour day or a 40 hour week) Condition3(you have for one day in the last 6 months been claiming ESA or a combination of ESA and SSP for 6 months) If you lose your ESA appeal i am not sure how this would affect this and this would depend on when you can do 16 hours a week or more, and when the original decision was made on your ESA eligibility.
If you qualify you will also have the disability premium in Housing Benefit and Council Tax Benefit.

It is also possible you could qualify for a tax free "Return to work credit" of £40 pw if you work more than 16 hrs a week and gross less than £15K , but this could be tied into a successful ESA appeal..

Personally i would get in contact with an advice centre , and the DEA at your job centre , and your Local Authority to see what options there are .

With regard to the appeals .. i would definitely get help for these and get evidence of how bad you were at the time of the medical for ESA , and the application for DLA .

There is a great Appeal leaflet from Community Legal Advice /Advice now .. it is mainly for DLA but the principles are the same for the ESA appeal .It describes the process and ways to handle it..

DLA appeals Leaflet

Hope this helps a little but all benefits depend on your specific situation , so i would recommend going to an advice agency .

Rich :)

"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
Michelle9
#5 Posted : Thursday, September 30, 2010 9:11:17 AM Quote
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Joined: 6/20/2010
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Location: Manchester
Hi All

Thank you for your advice much appreciated!

Rose, I understand how you feel about going back to work. It is scary, i've never been away from work this long.

I was more worried about my colleagues and their reaction, but to be honest everything will be fine.

I've called in on a couple of occasions for meetings etc and it was nice to see everybody.

Luckiliy I have a really good manager, and the report that the Occupational Health did was excellent, and will be having adaptations at my workstation.

Hope all goes well let me know how you get on.

Michelle xx

Rose-B
#6 Posted : Thursday, September 30, 2010 9:38:53 PM Quote
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Joined: 4/20/2010
Posts: 1,749
Location: Somerset


Hello again,

I also had a health occpuation on the phone and the report was very good and understanding - so
like you the Company has been good. I have applied Access at work to help with 'bits' to help
aleivate my RA problems. I hope to start in 3 weeks if this turns out well/

Good luck to you. Keep posting

Rose
LynW
#7 Posted : Saturday, October 02, 2010 8:37:10 PM Quote
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Joined: 12/4/2009
Posts: 2,127
Location: Thornton Cleveleys
Michelle and Rose

Good luck with your imminent returns to work. Hope you both do well and find your confidence is given a huge boost by your ability to cope with this. It's amazing what is now on offer for employees with chronic conditions. There was nothing like this 20 years ago and I had no option but to take medical retirement. That said I probably wasn't well enough to do the job as the drugs available then were nothing like as good as they are now!

I'm really pleased for you both Smile

Lyn x
My son, Ian, completed the BUPA Great North Run on 15th September running for the National Rheumatoid Arthritis Society (NRAS). You can read his story at http://www.justgiving.com/ianlukewilson

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